Pursuant to the authority of Iowa Code sections 15.106A and 15.321, the Iowa Economic Development Authority (IEDA) hereby gives Notice of Intended Action to adopt new Chapter 81, “Renewable Chemical Production Tax Credit Program,” Iowa Administrative Code.     The proposed amendment creates a new chapter of rules governing the administration of the Renewable Chemical Production Tax Credit Program. The program was created by 2016 Iowa Acts, Senate File 2300. The proposed new chapter provides for the administration of the program by IEDA and governs eligibility requirements, the application process and application review, the agreement, calculation of the tax credit, administration of the tax credit wait list, the process for claiming the credit, and the process used to add additional building block chemicals by administrative rule.     The Economic Development Authority Board approved these rules at a Board meeting on November 18, 2016.     Interested persons may submit comments on or before January 10, 2017. Comments may be submitted to Jennifer Klein, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone number (515)725-3124; e-mail Jennifer.Klein@iowa.gov.     This rule making does not have any fiscal impact to the state of Iowa. In order to reduce the overall fiscal impact of this program to zero, 2016 Iowa Acts, Senate File 2300, division I, reduced the award cap for the High Quality Jobs Program by $25 million each year for the next five fiscal years.     After analysis and review of this rule making, no impact on jobs has been found.     These rules are intended to implement Iowa Code sections 15.315 to 15.322.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 15.106A, 15F.104, and 15F.401, the Economic Development Authority hereby gives Notice of Intended Action to adopt new Chapter 214, “Enhance Iowa Board,” and new Chapter 215, “Sports Tourism Program,” Iowa Administrative Code.    The proposed rules in Chapter 214 establish the Enhance Iowa Board, describe the composition of the Board, describe the Board’s voting procedures, designate the programs that the Board will oversee, and establish review committees for the programs the Board will oversee.    The proposed rules in Chapter 215 establish the Sports Tourism Program, add program definitions and set forth eligibility criteria for applicants. The proposed rules also describe the application process, establish an application review committee, set forth the application review criteria and describe the manner in which the program will be administered.    The Enhance Iowa Board approved this rule making at a Board meeting on November 9, 2016, and the Economic Development Authority Board approved this rule making at a Board meeting on November 18, 2016.     Interested persons may submit comments on or before January 10, 2017. Comments may be submitted to Kristin Hanks-Bents, Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309; telephone (515)725-0440; e-mail kristin.hanks-bents@iowa.gov.    These rules do not have any fiscal impact to the state of Iowa.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code sections 15F.102, 15F.103, 15F.104, 15F.203, 15F.304, 15F.401, and 15F.402 and 2016 Iowa Acts, chapter 1117.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code section 88.5, the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 10, “General Industry Safety and Health Rules,” Iowa Administrative Code.    The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) promulgated new standards concerning walking and working surfaces for general industry. The Iowa Labor Commissioner must adopt the federal standards by reference.    The federal standard changes align general industry requirements with construction requirements, which is beneficial to employers that perform both types of activities. The federal standard changes give employers greater flexibility over deciding what method of compliance to use. The standards are reorganized and written in plain language. The standards are updated to reflect new technology and to align with other OSHA standards and national consensus standards.     It is estimated that 29 fatalities and 5,842 lost-workday injuries per year will be prevented by the new standards.    Various provisions have delayed effective dates. One provision will not become effective until 2036.    After analysis and review of this rule making, jobs could be impacted. However, this amendment is implementing federally mandated regulations, and the State of Iowa is only implementing the federal regulations. The requirements imposed on Iowa businesses by these regulations do not exceed those imposed by federal law.    The principal reasons for adoption of this amendment are to implement legislative intent, protect the safety and health of Iowa workers, and make Iowa’s regulations current and consistent with federal regulations. Pursuant to Iowa Code subsection 88.5(1) and 29 CFR 1953.5, Iowa must adopt changes to the federal occupational safety and health standards.    If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on January 10, 2017, a public hearing will be held on January 11, 2017, at 1:30 p.m. in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services.    Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than January 11, 2017, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov.    No variance procedures are included in this rule. Variance procedures are set forth in 875—Chapter 5.    This amendment is intended to implement Iowa Code section 88.5 and 29 CFR 1953.5.    The following amendment is proposed.

    Pursuant to the authority of Iowa Code sections 422.68 and 15.321, the Department of Revenue hereby gives Notice of Intended Action to amend Chapter 42, “Adjustments to Computed Tax and Tax Credits,” and Chapter 52, “Filing Returns, Payment of Tax, Penalty and Interest, and Tax Credits,” Iowa Administrative Code.    The proposed amendments are necessary to implement the Renewable Chemical Production Tax Credit Program that resulted from 2016 Iowa Acts, Senate File 2300, division II. The rules describe the Department of Revenue’s role in the program. Items 1 and 2 are largely the same; the distinction is that Item 1 sets forth the rule for individual income tax while Item 2 sets forth the rule for corporation income tax. The program is administered in coordination with the Economic Development Authority. The Economic Development Authority’s proposed rules on the program may be found in the Economic Development Authority’s Notice of Intended Action published herein as ARC 2867C.    Interested persons may make written comments on the proposed amendments on or before January 10, 2017. Written comments on the proposed amendments should be directed by mail to Alana Stamas, Policy Section, Policy and Communications Division, Department of Revenue, Hoover State Office Building, P.O. Box 10457, Des Moines, Iowa 50306-0457; or by e-mail to alana.stamas@iowa.gov. Persons who wish to convey their views orally should contact the Policy Section, Policy and Communications Division, Department of Revenue by telephone at (515)725-2265 or at the Department of Revenue offices on the fourth floor of the Hoover State Office Building.    Requests for a public hearing must be made no later than January 10, 2017.    These amendments do not have a fiscal impact.    Any person who believes that the application of the discretionary provisions of these rules 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).    These amendments have no known impact on jobs.    These amendments are intended to implement Iowa Code chapters 15 and 422.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code sections 207.21(5)“a” and 208.17(5), the Division of Soil Conservation and Water Quality hereby gives Notice of Intended Action to amend Chapter 6, “Contracts for Public Improvements and Professional Services,” Iowa Administrative Code.    Under the proposed amendments, the minimum estimate for abandoned mined land reclamation work and maintenance projects requiring public bidding would be increased from $25,000 to $100,000. Competitive quotations can be used for work estimated to cost less than $100,000. These amendments would require notice to be posted on Web sites instead of published in newspapers, and the minimum number of days for notice would be changed from 15 days to 13 days.     Any interested persons may make written suggestions or comments on the proposed amendments on or before January 10, 2017. Written comments should be addressed to Margaret Thomson, Iowa Department of Agriculture and Land Stewardship, Wallace State Office Building, 502 East Ninth Street, Des Moines, Iowa 50319. Comments may be submitted by fax to (515)281-6236 or by e-mail to Margaret.Thomson@IowaAgriculture.gov.    The proposed amendments are subject to the Division’s general waiver provision.     After analysis and review of this rule making, no adverse impact on jobs has been found.    These amendments are intended to implement Iowa Code section 26.3 and 2016 Iowa Acts, Senate File 2170.    The following amendments are proposed.

    Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 364.24, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 143, “Traffic Signal Synchronization,” Iowa Administrative Code.    The proposed amendments add an adaptive signal control system to the types of coordinated traffic signal systems listed within rule 761—143.1(364) and make a coordinating change within subrule 143.4(1). The addition of the latest, most current method of traffic signal coordination will ensure that the rules are updated to current technology.    These rules do not provide for waivers. Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.     Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:

1. Include the name, address, and telephone number of the person or agency authoring the comments or request.
2. Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.
3. Indicate the general content of a requested oral presentation.
4. Be addressed to Tracy George, Rules Administrator, Iowa Department of Transportation, Operations and Finance Division, 800 Lincoln Way, Ames, Iowa 50010; e-mail: tracy.george@iowadot.us.
5. Be received by the Department’s rules administrator no later than January 10, 2017.

    Pursuant to the authority of 2016 Iowa Acts, House File 2436, section 20 [Iowa Code section 543E.20], the Iowa Division of Banking (IDOB) hereby adopts new Chapter 25, “Appraisal Management Companies,” Iowa Administrative Code.    The adoption of Chapter 25 is related to the Superintendent of Banking’s role as administrator of the Iowa Appraisal Management Company Registration and Supervision Act (“the Act”), which was enacted by 2016 Iowa Acts, House File 2436, division I [Iowa Code chapter 543E], and which passed unanimously in both chambers during the 2016 Legislative Session. The Act gives the superintendent the authority to promulgate rules to administer the Act. Appraisal management companies (AMCs) assist banks and other mortgage lenders with satisfying the independent appraisal requirements of the Dodd-Frank Act by contracting with independent appraisers, and many Iowa banks already use AMCs. Federal regulations state that an AMC will not be able to perform services for a federally related residential mortgage transaction in Iowa after August 10, 2018, unless the AMC is registered with the state. The Act is intended to ensure that Iowa mortgage lenders may continue to use AMCs and closely follow the federal minimum standards for AMC regulation.    Chapter 25 is intended to implement the Act and ensure that AMCs are able to register and operate in Iowa without interruption. Enabling registration and ensuring continuous operation are especially important because the Act requires AMCs to be registered with the state as of January 1, 2017. These rules define the procedures for an application for registration as an AMC in Iowa, enumerate the fees applicable to AMCs, and set out other elements of AMC regulation. In the interest of making state government more efficient and transparent, the structure of these rules is very similar to the structure of other rules applicable to nondepository financial institutions. These rules have been reviewed by interested parties, including AMCs, the AMC trade association, Iowa bankers, Iowa credit unions, and Iowa appraisers, and these stakeholders have been supportive of these rules.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2773C on October 12, 2016. A public hearing was held on November 1, 2016. Public comments were received and considered and are described below.    The Real Estate Valuation Advocacy Association (REVAA) made seven comments related to the proposed Chapter 25. First, REVAA commented that background checks for all owners of a registered AMC would be burdensome and should be limited to those who surpass a minimum threshold of ownership such as 10 percent. The IDOB agrees and notes that 2016 Iowa Acts, House File 2436, section 6 [Iowa Code section 543E.6], specifies that background checks are required only for those who own more than 10 percent of an AMC, and that proposed rule 187—25.1(17A,543E) defines the terms “owner” and “ownership” as encompassing only persons who own or have the power to vote more than 10 percent of the shares of an AMC. The IDOB believes that the statute and rule adequately address REVAA’s comment.    Second, REVAA commented that the notification periods should be consistent for the requirements in proposed rule 187—25.6(17A,543E) that an AMC must notify the administrator of a change in name, principal location, ownership, or controlling person. The notification requirements in proposed rule 187—25.6(17A,543E) ranged from 10 days to 30 days. REVAA further commented that the period for all required notifications should be 30 days. The IDOB agrees that consistency in the rules is desirable and beneficial to registrants but notes a distinction between changes that require advance notification and approval by the administrator, such as changes in ownership or controlling person, and changes of which the administrator may be notified after the fact, such as changes in name or principal location. The IDOB agrees that the notification period for changes in name or principal location, for which notice may be given after the fact, should be consistent. The IDOB has therefore revised proposed subrule 25.6(1) to require a registrant to notify the administrator within 15 days of a change in principal location, making the notification period consistent with that for a change in name in proposed subrule 25.6(2). However, the IDOB declines to extend the notification period for changes in name or principal location to 30 days. After careful consideration, the IDOB remains convinced that 15 days is a sufficient period of time for registrants to provide these notifications, particularly considering that registrants may make these changes without notifying the administrator in advance.    REVAA’s third comment proposed that the notification period for the required notices in rule 187—25.7(17A,543E), relating to the filing of criminal charges or administrative action against, or the commencement of bankruptcy or reorganization proceedings by, a registrant or a registrant’s officers, directors, owners, or affiliates, be extended from 15 days to 30 days. The IDOB agrees that clarity is important with regard to notices and for that reason proposed a notice period demarcated in calendar days rather than business days. REVAA also commented that other states impose notice requirements for these events with notification periods ranging from 5 or 10 business days up to 30 calendar days. The IDOB has selected a notice requirement that is neither the most nor the least restrictive, compared to the requirements in other states. The rule’s requirements are also similar to the notice requirements that the IDOB imposes on other regulated mortgage industry participants. The IDOB therefore declines to extend the notice requirement beyond 15 days. In addition, REVAA commented that this requirement would be burdensome for registrants because it would be difficult for AMCs to be aware when one of these significant events affects an officer or director of an affiliate or parent organization of an AMC. The rule would not require an AMC to notify the administrator in this situation. The rule applies only to the registrant and the registrant’s officers, directors, owners, and affiliates. If an owner or affiliate of a registered AMC is itself a corporation or other organization, with its own officers, directors, and owners, the rule would not require disclosure of significant events affecting the officers, directors, or owners of the parent or affiliate organization. The rule would require disclosure of the relevant filings by or against the parent or affiliate organization, nothing more. If a person is an officer, director, or owner of a registrant and is an officer, director, or owner of the registrant’s parent or affiliate organization, however, the rule would require notice to the administrator because of the person’s position as an officer, director, or owner of a registered AMC. The IDOB believes this addresses the concern raised in REVAA’s comment.    REVAA’s fourth comment suggested that the notice provision in subrule 25.7(3) be revised to apply only to final formal regulatory action instituted against a registrant or the registrant’s officers, directors, owners, or affiliates. After careful consideration, the IDOB believes that making such a change would undermine the purpose of the proposed rule. REVAA’s proposed revision would give the administrator notice of regulatory action taken against a registered AMC only after the action became final. But each of the notifications required by rule 187—25.7(17A,543E) is triggered by the commencement of bankruptcy or reorganization proceedings, the filing of criminal charges, or the institution of regulatory action. All of these notification requirements are intended to give the administrator notice as soon as one of these significant events involving a registrant begins, not merely to notify the administrator after the issue has been fully resolved. The IDOB therefore declines to adopt REVAA’s suggestion. REVAA also inquired as to the meaning of the word “formal” within the phrase “or other formal regulatory action against the registrant.” The IDOB recognizes that this term may be confusing. Rather than adopt a definition of the term “formal regulatory action” or add a term like “informal regulatory action,” the IDOB has concluded that the simplest approach is to delete the word “formal.” As such, a registered AMC will be required to notify the administrator of any “other regulatory action” instituted against it. REVAA also suggested that “other regulatory action” be restricted to actions “related to AMC regulations.” The IDOB has considered this comment, and believes that it would be inappropriate to limit the notification requirement in this manner. Notice that another state or jurisdiction has instituted regulatory action against a registrant or its officers, directors, or affiliates does not give the administrator grounds for discipline. Instead, subrule 25.7(3) requires registrants to notify the administrator of these events so that the administrator is aware of potential problems from the outset. The IDOB’s experience regulating other financial entities has demonstrated that it is beneficial for the regulator to obtain access to this information as soon as possible. That experience also indicates that sharing information in this manner at the earliest opportunity helps to build a more productive relationship between the IDOB and regulated entities. The IDOB therefore declines to adopt this suggestion.    REVAA commented that the fees for change of ownership or change of controlling person are too high relative to the registration fee for AMCs, that the late fee is excessive, and that there is no limit on investigation fees. After review, the IDOB notes that the proposed $50 late fee compares favorably to the late fees assessed by the existing regulatory boards within the Professional Licensing Bureau and declines to change the late fee. The IDOB also concluded that the examination and investigation fees, which are fixed at a rate of $100 per hour, are reasonable. However, the IDOB acknowledges, after review, that the language in the fee table in proposed subrule 25.8(5) was ambiguous regarding the investigation fee. The IDOB has therefore revised the description of this fee in the fee table in proposed subrule 25.8(5) to clarify that the $100 hourly rate applies to both examinations and investigations. The IDOB also agrees that its fees should be compared to those charged in other states. In response to REVAA’s comment, the IDOB reviewed the fees for application, initial registration, annual renewal, and changes in ownership or controlling person from proposed subrule 25.8(5) and compared them to the fees charged in other states. Based on this review, the IDOB concluded that the proposed $750 combined fee for becoming registered ($250 application fee + $500 initial registration fee) is substantially lower than the 39-state average of $1,464 and the $1,755 average in states contiguous to Iowa. The IDOB has therefore decided to increase the initial registration and annual renewal fees to $750 and to keep the application fee unchanged. The IDOB has also concluded that it is appropriate to reduce the fees for change of ownership or controlling person from $250 to $150. The fees for change of ownership or controlling person are thereby substantially lower in absolute terms and relative to the cost of registration. The revised total cost of becoming registered, $1,000 ($250 application fee + $750 initial registration fee), also remains well below the 39-state average cost and the average cost in contiguous states.    REVAA next commented that proposed subrule 25.10(1), which provides that the administrator may investigate or examine a registered AMC “at any time and as often as the administrator deems necessary,” is overly broad. REVAA suggested that the IDOB remove the phrase “at any time and as often as the administrator deems necessary.” The IDOB’s long experience regulating other financial entities, including those involved in the mortgage industry, indicates that regulation is more effective if examinations are conducted on a regular basis, not only when a triggering event has precipitated an examination. This approach fosters a better working relationship between regulated entities and the IDOB and promotes a combined effort towards compliance rather than instilling a mindset that the IDOB conducts examinations only because violations have been reported or detected. However, the IDOB agrees that its authority to conduct investigations pursuant to 2016 Iowa Acts, House File 2436, section 20 [Iowa Code section 543.20], is tied to assessing potential violations of appraisal-related laws, regulations, rules, and orders. The IDOB therefore declines to adopt REVAA’s suggestion but has revised proposed subrule 25.10(1) to clearly ground the subrule in the statutory language that gives the administrator this authority.    Finally, REVAA commented that the grounds for discipline in proposed paragraph 25.11(2)“g” are unclear, allow the administrator to take disciplinary action against an AMC without adequately considering all the facts and circumstances surrounding action taken in another jurisdiction, and allow the administrator to discipline an AMC for conduct that did not occur in Iowa or affect Iowans. After careful review, the IDOB has concluded that 2016 Iowa Acts, House File 2436, section 17 [Iowa Code section 543E.17], specifically authorizes this paragraph. The statutory language provides that the administrator may, after notice and hearing, discipline a registrant, and the statutory language specifies that the permissible grounds for such discipline include the “[c]ancellation, revocation, suspension, or refusal to renew the authority to practice as an appraisal management company, or the acceptance of the voluntary surrender of a registration to practice as an appraisal management company to conclude a disciplinary investigation or action, by any other state, a federal agency, or foreign authority for any cause other than failure to pay appropriate fees in the other jurisdiction.” The IDOB concludes that the statute does not preclude the administrator from taking disciplinary action against a registered AMC for conduct that occurs outside the state of Iowa. The IDOB also concludes that the paragraph is sufficiently clear and that the requirement for the administrator to give notice and hold a hearing before taking disciplinary action adequately addresses REVAA’s concern that the IDOB will not take into account the facts and circumstances surrounding events that occur in another jurisdiction. The IDOB therefore declines to adopt REVAA’s suggestion.    The IDOB made several changes in addition to those made in response to public comments received. The IDOB made a conforming change to subrule 25.2(3) clarifying that, as with other aspects of the application process, the administrator may require fingerprint background checks through either the NMLS or other means the administrator deems appropriate. The IDOB revised subrule 25.8(3) by replacing the word “administrating” with the word “administering.” The IDOB revised the fees in subrule 25.8(5) by deleting the prefatory language, raising the conversion fee for preregistered persons from $125 to $150 in order to make it consistent with other fees, and adding a $25 fee to request a letter of good standing. The IDOB revised paragraph 25.9(2)“a” by creating one sentence to indicate that AMCs must keep a record of the appraiser assigned to each request for appraisal services and a separate sentence indicating the information AMCs must include in that record. The IDOB revised the final sentence of subrule 25.13(2) to emphasize that the administrator’s approval of an application for preregistration will not cause a preregistered entity to be listed on the federal registry of appraisal management companies. The IDOB also revised subrule 25.13(3) to clarify that a preregistered person applying for conversion to registered status must submit the conversion fee, the initial registration fee, and the appropriate fee for listing on the federal registry. Finally, references to 2016 Iowa Acts, House File 2436, have been updated to reflect the codification of Iowa Code chapter 543E.    Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the IDOB finds that the normal effective date of these rules, 35 days after publication, should be waived and the rules made effective January 1, 2017. These rules confer a benefit and remove a restriction on the regulated public in that the rules enable AMCs to register with the state as required by 2016 Iowa Acts, House File 2436, section 20 [Iowa Code section 543E.20], which requires all AMCs doing business in Iowa to be registered, effective January 1, 2017. If these rules are not effective by that date, the many AMCs already doing business in Iowa will be unable to register and therefore unable to do business until the rules take effect. Many Iowa banks and mortgage lenders already use the services of AMCs doing business in Iowa. Ensuring that these rules are effective as of January 1, 2017, will enable AMCs already doing business in Iowa to become registered as soon as required by law and to continue to operate without interruption.    The IDOB is mindful of the potential impact that these rules and the associated fees may have on the cost of state government and on Iowa jobs and has worked to keep these fees as low as possible. The fees are set below the national average and at a level designed only to cover the costs the IDOB incurs in administering the statute. The IDOB believes setting fees at this level will enable the industry to continue operating in Iowa and will ensure efficient regulation while minimizing the impact of fees and avoiding burdensome costs to regulated entities. The IDOB also acknowledges that the $750 annual registration fee will likely have some effect on jobs, but anticipates that the effect will be minimal and notes that, without these rules, Iowa would likely suffer a greater adverse effect on jobs due to the inability of AMCs to operate in the state.     These rules are intended to implement Iowa Code chapter 17A and 2016 Iowa Acts, House File 2436, division I [Iowa Code chapter 543E].    This amendment will become effective January 1, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code sections 147.34 and 153.21, the Dental Board amends Chapter 11, “Licensure to Practice Dentistry or Dental Hygiene,” Iowa Administrative Code.     These amendments allow applicants applying for licensure by examination to take the same nationally recognized regional examinations currently accepted by applicants who apply for licensure by credentials; require applicants who have held licenses in other states for one year or longer to apply for licensure by credentials; clarify the practice requirements for applicants applying for licensure by credentials; remove special transitional period language that is no longer applicable; remove references to the Healthcare Integrity and Protection Data Bank; clarify both the name of the examination and the agency administering the examination; allow jurisprudence examinations to be administered by other entities; and require applicants to attain a grade of 75 percent on the jurisprudence examination, the national dental examination, and the national hygiene examination.     Notice of Intended Action was published in the Iowa Administrative Bulletin on August 31, 2016, as ARC 2701C. A public hearing was held on September 21, 2016, at 2 p.m. at the office of the Dental Board. One attendee was present, Emily Boge, Dental Administrative Chair from Hawkeye Community College. Ms. Boge stated that she was supportive of the amendments. Written comments were received from the University of Iowa College of Dentistry and Dental Clinics, the Iowa Dental Association, the Iowa Dental Hygiene Association and Dr. Howard Cohen. All entities expressed support for the amendments.     These amendments differ from those originally published under Notice as they now clarify the name of the agency administering the examination and that applicants must attain a minimum grade of 75 percent on the jurisprudence examination, the national dental examination, and the national hygiene examination.     The Board reviewed and discussed the amendments during its October 13, 2016, open-session meeting and allowed additional comments from the public. These amendments were approved by the Board on October 13, 2016.    These amendments are subject to waiver or variance pursuant to 650—Chapter 7.    After analysis and review of this rule making, there is no impact on jobs.     These amendments are intended to implement Iowa Code chapters 147 and 153.    These amendments will become effective January 25, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code sections 147.34 and 153.21, the Dental Board amends Chapter 12, “Dental and Dental Hygiene Examinations,” Iowa Administrative Code.     These amendments allow applicants applying for licensure by examination to take the same nationally recognized regional examinations currently accepted for applicants who apply for licensure by credentials; require applicants to take all parts of the examination offered by each respective testing agency; require applicants to follow the policies and procedures of each respective testing agency; require applicants to attain a grade of not less than 75 percent on each clinical portion and on the written portion of the examinations; and strike language that is outdated.    Notice of Intended Action was published in the Iowa Administrative Bulletin on August 31, 2016, as ARC 2700C. A public hearing was held on September 21, 2016, at 2 p.m. at the office of the Dental Board. One attendee was present, Emily Boge, Dental Administrative Chair from Hawkeye Community College. Ms. Boge stated that she was supportive of the amendments. Written comments were received from the University of Iowa College of Dentistry and Dental Clinics, the Iowa Dental Association, the Iowa Dental Hygiene Association and Dr. Howard Cohen. All entities expressed support for the amendments.     These amendments differ from those originally published under Notice as they now clarify that applicants must attain a minimum grade of 75 percent on the examinations.     The Board reviewed and discussed the amendments during its October 13, 2016, open-session meeting and allowed additional comments from the public. These amendments were approved by the Board on October 13, 2016.    These amendments are subject to waiver or variance pursuant to 650—Chapter 7.     After analysis and review of this rule making, there is no impact on jobs.     These amendments are intended to implement Iowa Code section 147.36.    These amendments will become effective on January 25, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 502.605, the Insurance Division (the Division) hereby amends Chapter 50, “Regulation of Securities Offerings and Those Who Engage in the Securities Business,” Iowa Administrative Code.    Iowa Code chapter 502, among other things, prescribes the terms and conditions under which issuers make securities offerings and under which broker-dealers and investment advisers operate. These amendments to Chapter 50, through new rule 191—50.47(502), require every investment adviser registered in Iowa to create and implement written procedures to address business continuity and succession planning related to possible instances of disruptions or cessation of business activities. Adopted rule 191—50.47(502) is based on the North American Securities Administrators Association, Inc.’s “Model Rule on Business Continuity and Succession Planning” (Model Rule 203(a)-1A, Appendix A to the NASAA Guidance on Business Continuity and Succession Planning for State-Registered Investment Advisers). These amendments to Chapter 50 will go into effect January 25, 2017, and investment advisers must be in compliance with rule 191—50.47(502) by July 1, 2017. The amendments also include minor language corrections to other rules in Chapter 50.    Notice of Intended Action was published in the Iowa Administrative Bulletin on October 26, 2016, as ARC 2787C. A public hearing was held on November 15, 2016, and written comments were accepted through that date. One written comment was received.    The written comment letter suggested allowing investment advisers in compliance with federal requirements regarding business continuity and succession planning to be deemed in compliance with Iowa requirements. The Division has made that change by adding subrule 50.47(3). For consistency, the word “transition” in the phrase “business continuity and transition plan” was changed to “succession” in 50.47(3). Except for these changes, these amendments are identical to those published under Notice.    These amendments are subject to waiver consistent with the waiver provisions provided at 191—Chapter 4.    These rules will impose no fiscal impact on the State.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code chapter 502.    These amendments shall become effective January 25, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 505.8, the Insurance Division (the Division) hereby amends Chapter 90, “Financial and Health Information Regulation,” Iowa Administrative Code.    The purpose of this amendment is to clarify the effect on Iowa administrative law of certain changes made in 2015 to the federal Gramm-Leach-Bliley Act (GLBA) (Pub. L. No. 106-102, 113 Stat. 1338).    On December 4, 2015, the federal Fixing America’s Surface Transportation (FAST) Act (Pub. L. No. 114-94) was enacted into law and was effective immediately. The FAST Act included amendments to the GLBA to eliminate the GLBA requirement for financial institutions to provide annual privacy notices about the treatment of nonpublic personal information provided certain conditions are met. The amendments to the GLBA eliminated a duplicative and costly notification requirement. Financial institutions shall continue to provide initial privacy notices as required under the GLBA.    The adopted subrule 90.4(4) clarifies that a licensee of the Division is not required to provide the annual privacy notice otherwise required under rule 191—90.4(505) if the licensee both (1) provides nonpublic personal information to nonaffiliated third parties except as in accordance with rules 191—90.12(505), 191—90.13(505) and 191—90.14(505), and (2) has not changed or amended the privacy policies and practices that the licensee disclosed to the consumer in the privacy notice that the licensee most recently delivered to the consumer in accordance with rule 191—90.3(505) or 191—90.4(505). If at any time a licensee fails to comply with (1) or (2), the licensee shall be required to provide the annual privacy notice. All licensees shall continue to provide initial privacy notices required under Chapter 90.    Notice of Intended Action was published in the Iowa Administrative Bulletin on October 26, 2016, as ARC 2788C. A public hearing was held on November 16, 2016, and written comments were accepted through that date. One written comment was received in support of the amendment. This adopted amendment is identical to that published under Notice.    This amendment is subject to waiver consistent with the waiver provisions provided at 191—Chapter 4.    These rules will impose no fiscal impact on the State.    After analysis and review of this rule making, no impact on jobs has been found.    This amendment is intended to implement Iowa Code chapter 505.    This amendment shall become effective January 25, 2017.    The following amendment is adopted.

    Pursuant to the authority of Iowa Code sections 101.1(1), 101.2, 101.4 and 101.5, the State Fire Marshal in the Department of Public Safety hereby amends Chapter 226, “Liquefied Petroleum Gas,” Iowa Administrative Code.    The amendments allow for the public fueling of motor vehicles with liquefied petroleum gas, known as “LP gas,” and will authorize the owner or the owner’s designee to provide training for the safe operation of the system to the users who are dispensing LP motor fuel into LP-gas fueled motor vehicles. The amendments are consistent with the recent amendments to rule 661—201.2(100), which incorporated by reference the International Fire Code, 2015 edition. With the adoption of the current edition of the International Fire Code, the public fueling of motor vehicles with LP gas is now authorized. Automakers are now making vehicles that run on alternative fuels that replace conventional gasoline and diesel. One of the more popular fuels is LP gas. The Iowa Propane Gas Association (IPGA) supports these amendments, and there are members who are in the process of creating fueling stations to be ready when the amendments become effective. The additional fuel source will benefit Iowans and Iowa’s economy.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2658C on August 3, 2016. A public hearing was held on August 31, 2016, in Room 125 of the Oran Pape State Office Building, Des Moines, Iowa. No members of the public attended the hearing, and no public comments were received at the hearing.    Comments were received from the IPGA regarding some revisions to the noticed amendments. Further discussions were held. The comments from IPGA requested that some of the language that had already been incorporated in the adoption of the 2015 International Fire Code and that was repeated in the rule be deleted. Standards of the National Fire Protection Association (NFPA) 58 prevail over the 2015 International Fire Code when those standards are in conflict, and language in the noticed rule to the contrary was removed. Finally, further changes were made to the new subrule that created an exception to the training requirements, to clarify that a person who is only fueling a vehicle and who does not otherwise transfer, or is not employed to transport, LP gas, or whose primary duties do not fall within the scope of the chapter, is exempt from the training requirements of the rule.    As a result of the comments, the following changes were made to the amendments as published under Notice of Intended Action:    In Item 1, new subrule 226.4(5), the reference to paragraph 226.10(2)“c” was changed to subrule 226.10(2), as that paragraph “c” has now been renumbered as subrule 226.10(2). The second sentence of subrule 226.4(5) was changed to read, “[i]f the user is also a person who transfers or is employed to transport liquefied petroleum gas, or whose primary duties fall within the scope of this chapter, then the person must comply with the requirements of subrules 226.4(1) through 226.4(4).” This change was requested by IPGA in order that it be understood that the exception for users applied only to people who were only fueling a motor vehicle and did not have any other role in transferring, transporting, or handling LP gas. There is no change to the effect or purpose of the subrule from the noticed rule.    The proposed amendment to rule 661—226.9(101) in Item 2 of the Notice was not adopted. In the existing rule, the NFPA standards control over the 2015 International Fire Code standards for the fueling of LP-gas fueled motor vehicles. Item 3 of the Notice has been renumbered as Item 2.    In noticed Item 3, now Item 2, in new rule 661—226.10(101), the introductory paragraph of subrule 226.10(2) and paragraphs 226.10(2)“a,” “b” and “d” to “g” were not adopted since the standards in those paragraphs were previously included with the adoption of the 2015 International Fire Code. Paragraph 226.10(2)“c,” the only remaining paragraph, was renumbered as subrule 226.10(2).    The statutory requirements of Iowa Code chapter 101 regarding combustible and flammable liquids and compressed gases cannot be waived. To the extent that rules are not statutorily required, those rules are subject to the waiver provisions of rule 661—10.222(17A).    The State Fire Marshal in the Department of Public Safety adopted these amendments on November 30, 2016.    After analysis and review of this rule making, there should be a positive impact on jobs and a positive impact on the safety of the public.    These amendments are intended to implement Iowa Code sections 101.1(1) and 101.2.    These amendments will become effective January 25, 2017.    The following amendments are adopted.

    Pursuant to the authority of Iowa Code section 12D.2, the Treasurer of State hereby amends Chapter 16, “Iowa Educational Savings Plan Trust,” Iowa Administrative Code.    Chapter 16 is amended to comply with federal law changes. The Treasurer of State also used this opportunity to review additional rules and subrules in this chapter to provide revisions, updates, and clarifications to existing Iowa educational savings plan trust rules administered by the Treasurer of State.    Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2791C on October 26, 2016. A public hearing was held on November 15, 2016, at 10 a.m. in the State Capitol, Room 116, 1007 E. Grand Avenue, Des Moines, Iowa. Interested persons also had the opportunity to make written comments on the proposed amendments on or before November 15, 2016. No public comments were received. One change to the amendments was made since publication of the Notice. In subrule 16.11(4), the words “Iowa 529 plan” were stricken and the word “trust” was added.    The general waiver provisions of the Treasurer of State in 781—Chapter 19 apply to these amendments.    The Treasurer of State adopted these amendments on November 30, 2016.    After analysis and review of this rule making, no impact on jobs has been found.    These amendments are intended to implement Iowa Code chapter 12D.    These amendments will become effective January 25, 2017.    The following amendments are adopted.