PrintTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 231.23 and 17A.3, the Department on Aging hereby gives Notice of Intended Action to amend Chapter 7, “Area Agency on Aging Service Delivery,” Iowa Administrative Code. This proposed amendment removes the six-month assessment requirement to review the older individual’s eligibility to receive a home-delivered meal. This change is intended to provide efficiencies in the area agencies on aging operations. The area agency on aging is still obligated to have procedures in place related to the determination of need, and the timing is at the area agency on aging’s discretion. The area agency on aging can still review the eligibility on a six-month basis if necessary. Any interested person may make written suggestions or comments on the proposed amendment on or before April 4, 2017. Such written comments or suggestions should be directed to Brian Majeski, Iowa Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to brian.majeski@iowa.gov. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 231.66. The following amendment is proposed.
ITEM 1. Amend paragraph 7.21(2)"a" as follows: a. Initial and subsequent six-month assessmentsassessment of the older individual’s eligibility;ARC 2968CAging, Department on[17]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 231.23 and 17A.3, the Department on Aging hereby gives Notice of Intended Action to amend Chapter 15, “Elder Abuse Prevention Initiative and Dependent Adult Abuse Mandatory Reporter Training,” Iowa Administrative Code. These proposed amendments rescind rule 17—15.20(231) to eliminate mandatory reporter training provided by the Department. The Department created the mandatory reporter training when there was an identified gap in the availability of this service in Iowa. There are now 24 pages of approved curriculum and providers of mandatory reporter training listed on the Iowa Department of Public Health Web site. Because a significant number of training providers and curriculum options are available, it is no longer necessary for the Department to provide this training. These amendments also change the title of Chapter 15 to “Elder Abuse Prevention and Awareness.” Any interested person may make written suggestions or comments on the proposed amendments on or before April 4, 2017. Such written comments or suggestions should be directed to Brian Majeski, Iowa Department on Aging, Jessie M. Parker Building, 510 E. 12th Street, Des Moines, Iowa 50319. E-mail may be sent to brian.majeski@iowa.gov. 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 231.56A. The following amendments are proposed.
ITEM 1. Amend 17—Chapter 15, title, as follows:ELDER ABUSE PREVENTION INITIATIVE AND DEPENDENT ADULT ABUSE MANDATORY REPORTER TRAININGELDER ABUSE PREVENTION AND AWARENESS ITEM 2. Rescind rule 17—15.20(231). ITEM 3. Renumber rule 17—15.21(231) as 17—15.20(231).ARC 2974CChild Advocacy Board[489]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 237.18, the Child Advocacy Board (Board) hereby gives Notice of Intended Action to rescind Chapter 1, “Purpose and Function,” Iowa Administrative Code, and to adopt a new Chapter 1 with the same title. The proposed new Chapter 1 removes obsolete language, updates references to the “Foster Care Review Board” by replacing that term with the term “Child Advocacy Board” where applicable, adds procedures and protocols for the operation of the court appointed special advocate (CASA) program and includes language pertaining to the receiving and administering of funds received by the Board. The Board approved this proposed amendment at its December 16, 2016, meeting. The Board does not believe that the proposed amendment poses a financial hardship on any regulated entity or individual. Any interested person may make written suggestions or comments on the proposed amendment on or before April 4, 2017. Such written materials should be addressed to Jim Hennessey, Child Advocacy Board, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)281-5975; or e-mailed to jim.hennessey@dia.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 237.16. The following amendment is proposed.
ITEM 1. Rescind 489—Chapter 1 and adopt the following new chapter in lieu thereof: CHAPTER 1PURPOSE AND FUNCTION489—1.1(237) Purpose. The child advocacy board is established by Iowa Code section 237.16 to carry out all duties described in Iowa Code section 237.18. The board is charged with the responsibility of establishing a foster care registry, establishing local review boards to review cases of children in foster care, establishing a training program for board members, establishing procedures and protocols for administering the court appointed special advocate program, receiving and administering funds received for the state board’s programs and annually reporting findings and making recommendations to the governor, general assembly, the supreme court, the chief judge of each judicial district, the department, and child-placing agencies. 1.1(1) Location. The child advocacy board is located in the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; telephone (515)281-7621. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, except on state holidays. The child advocacy board is created within the department of inspections and appeals. 1.1(2) Definitions. The following definitions apply to the rules of the child advocacy board. "Case permanency plan" means the same as defined in Iowa Code section 232.2(4), except the plan shall also include all of the following:- The efforts to place the child with a relative.
- The rationale for an out-of-state placement, and the efforts to prevent such placement, if the child has been placed out of state.
- Time frames to meet the stated permanency goal and short-term objectives.
- The child’s foster care placement is the financial responsibility of the state pursuant to Iowa Code section 234.35.
- The child is under the guardianship of the department.
- The child has been involuntarily hospitalized for mental illness pursuant to Iowa Code chapter 229.
- The child is at risk of being placed outside the child’s home, the department or court is providing or planning to provide services to the child, and the department or court has requested the involvement of the state or local board.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 237.18, the Child Advocacy Board (Board) hereby gives Notice of Intended Action to rescind Chapter 2, “Rules and Operation for the Board,” and to adopt a new Chapter 2, “Rules and Operation for the State Board,” Iowa Administrative Code. The proposed new Chapter 2 removes obsolete language; clarifies and simplifies the membership of the Board and its duties, as well as the duties of the administrator; removes references to training, which is addressed in detail in Iowa Code section 237.18(2)“d”; and provides that confidentiality requirements for the Board and its employees comply with Iowa Code section 237.21. The Board approved this amendment at its December 16, 2016, meeting. The Board does not believe that the proposed amendment poses a financial hardship on any regulated entity or individual. Any interested person may make written suggestions or comments on the proposed amendment on or before April 4, 2017. Such written materials should be addressed to Jim Hennessey, Child Advocacy Board, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319-0083; faxed to (515)281-5975; or e-mailed to jim.hennessey@dia.iowa.gov. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code sections 237.17, 237.18, and 237.21. The following amendment is proposed.
ITEM 1. Rescind 489—Chapter 2 and adopt the following new chapter in lieu thereof: CHAPTER 2RULES AND OPERATION FOR THE STATE BOARD489—2.1(237) Membership and term. 2.1(1) Membership and terms. The child advocacy board is created within the department of inspections and appeals. The state board consists of nine members appointed by the governor, subject to confirmation by the senate and directly responsible to the governor. One member shall be an active court appointed special advocate volunteer, one member shall be an active member of a local citizen foster care review board, and one member shall be a judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch. The appointment is for a term of four years that begins and ends as provided in Iowa Code section 69.19. Vacancies on the state board shall be filled in the same manner as original appointments are made. An employee of the department of human services or of the department of inspections and appeals, an employee of a child-placing agency, an employee of an agency with which the department of human services contracts for services for children under foster care, a foster parent providing foster care, or an employee of the district court is not eligible to serve on the state board. However, the judicial branch employee or judicial officer appointed from nominees submitted by the judicial branch in accordance with Iowa Code section 237.16(1) shall be eligible to serve on the state board. 2.1(2) Officers. The members of the state board shall annually select a chairperson, vice chairperson, and other officers the members deem necessary. The members may be entitled to receive reimbursement for actual and necessary expenses incurred in the performance of their duties, subject to available funding. Each member of the state board may also be eligible to receive compensation as provided in Iowa Code section 7E.6. 2.1(3) Meetings. The state board shall meet at least twice a year. Notice of a meeting is published at least seven days in advance of the meeting and will be mailed to interested persons upon request. The notice shall contain the specific date, time and place of the meeting. The agenda will be made available to any interested person not less than seven days in advance of the meeting. All meetings will be open to the public, pursuant to Iowa Code chapter 21, unless a closed session is voted by a quorum. The operation of the state board meetings will be governed by the following rules of procedure. a. A quorum shall consist of a majority of the members. When a quorum is present, a position is carried by an affirmative vote of a majority of the members present. b. Minutes of state board meetings are prepared and are available at the board office for inspection during office hours. Copies may be obtained without charge by contacting the office. c. At each meeting the state board shall set the time, date and place of the next meeting. (1) Notice of the meeting shall be given pursuant to Iowa Code chapter 21. (2) When the chairperson of the state board determines that a special or electronic meeting is required, the meeting shall be held in accordance with Iowa Code section 21.4 or 21.8. (3) Persons wishing to appear before the state board shall submit the request to the state board office not less than ten days prior to the meeting. Presentations may be made at the discretion of the chairperson and only upon matters appearing on the agenda. Persons wishing to submit written material should do so at least ten days in advance of the scheduled meeting to ensure that state board members have adequate time to receive and evaluate the material. (4) Cameras and recording devices may be used at open meetings provided they do not obstruct the meeting. The presiding officer may request a person using such a device to discontinue its use when it is obstructing the meeting. If a person fails to comply with this request, the presiding officer shall order that person excluded from the meeting. (5) The presiding officer may exclude any person from the meeting for repeated behavior that disrupts or obstructs the meeting. (6) Cases not covered by these rules shall be governed by Robert’s Rules of Order. 2.1(4) Powers and duties. The powers and duties of the state board are enumerated in Iowa Code section 237.18. This rule is intended to implement Iowa Code sections 17A.3, 237.16, and 237.18.489—2.2(237) Administrator. The state board appoints an administrator for the child advocacy board. The administrator is responsible for the ongoing administration of the state and local boards’ activities and of the court appointed special advocate program. The administrator:- Applies for and administers funds necessary for operations of the child advocacy board and the foster care review board and the court appointed special advocate program.
- Employs, discharges, trains, and supervises foster care review board and court appointed special advocate program employees.
- Develops and implements policies and procedures needed to implement requirements of federal law and regulations and state law and administrative rules.
- Develops and recommends administrative rules for promulgation by the state board as needed to govern the operation of the state board, the foster care review board program and the court appointed special advocate program.
- Ensures training is provided for state and local board members, court appointed special advocates and coaches and any other volunteers supporting the state board’s programs.
- Ensures that relationships are developed and maintained between the local board and judges, juvenile court referees, local departments, juvenile court services, and advocacy groups.
- Coordinates efforts to ensure community awareness of state and local boards and the court appointed special advocate program.
- Works closely with allied agencies and associations to ensure that efforts relating to state and local boards and the court appointed special advocate program are coordinated and consistent.
- Develops a management information system and procedures which provide feedback to local agencies serving the children to be reviewed, schedules for review, and recommendations following reviews and which provide reports of court appointed special advocate observations, findings, and recommendations to the court and parties to the child’s case to which the advocate is assigned.
- Designs forms and specifies the means by which foster care agencies may transmit case information to local boards.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 17A.3, the Homeland Security and Emergency Management Department hereby gives Notice of Intended Action to amend Chapter 1, “Organization,” Iowa Administrative Code. The proposed amendments are intended to implement 2016 Iowa Acts, Senate File 2306 and Senate File 492, which amended Iowa Code chapter 29C. Senate File 2306, codified at Iowa Code section 29C.24, created a process to facilitate business rapid response to state-declared disasters. While the enabling language resides within Iowa Code chapter 29C, most of the process elements reside with the Department of Revenue and the Secretary of State. The Homeland Security and Emergency Management Department wants to ensure that businesses wishing to use the process are referred to the proper administrative rules that implement the process. Senate File 492, codified at Iowa Code section 29C.20B, established a disaster case management grant fund and program which function in concert with the disaster aid individual assistance grant fund created in Iowa Code section 29C.20A. While the enabling language for both programs resides within Iowa Code chapter 29C, the Department of Human Services is the implementing agency. The Homeland Security and Emergency Management Department wants to ensure that citizens wishing to understand the administration of either the disaster case management grant fund and program or the disaster aid individual assistance grant fund are referred to the proper administrative rule. Consideration will be given to all written suggestions or comments on the proposed amendments received on or before April 4, 2017. Such written materials should be sent to the Administrative Rules Coordinator, Department of Homeland Security and Emergency Management, 7900 Hickman Road, Suite 500, Windsor Heights, Iowa 50324; fax (515)725-3260; or e-mail john.benson@iowa.gov. After analysis and review of this rule making, no fiscal impact has been found. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 29C as amended by 2016 Iowa Acts, Senate File 2306 and Senate File 492. The following amendments are proposed.
ITEM 1. Adopt the following new rule 605—1.3(29C):605—1.3(29C) Facilitating business rapid response to state-declared disasters. The implementation of business rapid response to state-declared disasters is addressed in the rules of the Iowa secretary of state in 721—Chapter 12 and the Iowa department of revenue in 701—Chapter 242. ITEM 2. Adopt the following new rule 605—1.4(29C):605—1.4(29C) Disaster case management grant fund and program. The implementation of the disaster case management grant fund and program is addressed in the rules of the Iowa department of human services in 441—Chapter 58. ITEM 3. Adopt the following new rule 605—1.5(29C):605—1.5(29C) Disaster aid individual assistance grant fund. The implementation of the disaster aid individual assistance grant fund is addressed in the rules of the Iowa department of human services in 441—Chapter 58.ARC 2972CHuman Services Department[441]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 217.6, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 7, “Appeals and Hearings,” Iowa Administrative Code. On April 1, 2016, the Department of Human Services transitioned most Iowa Medicaid members to a managed care program called IA Health Link. This program is administered by three contracted Managed Care Organizations (MCOs) that provide members with comprehensive health care services, including physical, behavioral and long-term care services and support. These proposed amendments to Chapter 7 clarify that appeals related to health care decisions made by an MCO must follow a different process than the one used for other DHS appeals. A member, the member’s representative, or a provider acting on the member’s behalf with the member’s written consent may file an appeal; however, the appellant must exhaust the first-level review process with the MCO prior to appealing to the Department. Providers cannot file an appeal on their own behalf or relating to a claims dispute issue with an MCO. The managed care contract does not allow appeal hearings to be granted for either instance. Currently, individuals who are appealing a Food Assistance, Medicaid, or Healthy and Well Kids in Iowa action may appeal verbally. All other individuals must appeal in writing. The proposed amendments would allow individuals who are appealing a Child Care Assistance or Family Investment Program action to also be able to file an appeal verbally. This change expands the programs that can accept verbal appeals. Individuals who appeal an action taken regarding the Autism Support Program currently have 30 calendar days to file an appeal. These amendments extend the time frame to file an appeal related to this program to 90 calendar days to provide better access to the appeals process for the appellants. Whenever the Department proposes to cancel or reduce assistance or services or to revoke a license, certification, approval, registration, or accreditation, it must give timely and adequate notice. These amendments remove the requirement that the Employees’ Manual chapter number and subheading be included on a Department notice to make it an adequate notice. Assistance shall not be reduced, restricted, discontinued, or terminated, nor shall a license or registration be revoked, or other proposed adverse action be taken pending a final decision on an appeal when certain criteria are met. As the criteria for Food Assistance decisions and MCO decisions are different, the rule regarding continuation of benefits while an appeal is pending is revised. The proposed amendments provide general standards for when benefits will or will not continue and include new provisions that set forth the specific criteria for Food Assistance decisions and MCO decisions. If an appellant indicates that the appellant’s life, health or ability to attain, maintain or regain maximum function could seriously be jeopardized if the appellant has to wait for a standard resolution of an appeal, the appellant can request an expedited appeal hearing, which must be held within three working days of the date on the appeal request. These amendments include the criteria that must be met in order to receive an expedited appeal hearing regarding a health care decision made by the MCO. When an appeal hearing is scheduled and the appellant or Department’s representative is unable to attend, the appellant or Department’s representative may request a continuance. These amendments clarify that Food Assistance appeals and Intentional Program Violation appeals can be rescheduled but add restrictions as to how long an appeal may be postponed. When the Department fails to appear for an appeal hearing and file a motion to vacate a default decision, the Department will now be required to follow the same process it follows when filing a review request. The motion to vacate will need to be presented to the Appeals Advisory Committee. If an appellant fails to appear for an appeal hearing and files a motion to vacate a default decision, the appeal is returned to the administrative law judge to rule on the appellant’s motion to vacate. If the motion is granted, the judge orders that a new appeal hearing be scheduled. However, the current rules require that a final decision be issued before the new appeal hearing can be scheduled. This is confusing for appellants and Department staff. Typically, when the final decision is issued, this means the appeal is closed. The proposed amendments would remove the requirement that a final decision be issued after a motion to vacate is granted. Instead, the appeal record would be held to allow all parties an opportunity to request a review if they disagreed with the granting of the motion to vacate, but instead of issuance of a final decision after the review time frame is exhausted, the file would be returned to the Department of Inspections and Appeals to schedule an appeal hearing. Other amendments are made to remove outdated references, update form names and numbers, and provide further clarification where necessary. Any interested person may make written comments on the proposed amendments on or before April 4, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 217.6. The following amendments are proposed.
ITEM 1. Rescind the definition of “Aggrieved person” in rule 441—7.1(17A) and adopt the following new definition in lieu thereof: "Aggrieved person" means a person against whom the department has taken an adverse action. This includes a person who meets any of the conditions in rule 441—7.2(17A). ITEM 2. Amend rule 441—7.1(17A), definitions of “Bidder” and “Reconsideration,” as follows: "Bidder" means an individual or entity that submits a proposal in response to a competitive procurement issued by the departmentof human services. "Reconsideration" means a review process that must be exhausted before an appeal hearing is granted. Such review processes include, but are not limited to, a reconsideration request through:- The Iowa Medicaid enterprise (IME) or its subcontractors,
- The managed health care review committee,
- 3A division or bureau within the department,
- 4The mental health and disability services commission,
- 5A licensed health care professional as specified in 441—paragraph 9.9(1)“i,” or
- 6Any division or bureau within the department, from a bidder in a competitive procurement bid process.
- Form 470-2616, Demand Letter for FIP/RCA Agency Error Overissuance;
- Form 470-3490, Demand Letter for FIP/RCA Client Error Overissuance;
- Form 470-3990, Demand Letter for PROMISE JOBS Agency Error Overissuance;
- Form 470-3991, Demand Letter for PROMISE JOBS Client Error Overissuance; or
- Form 470-3992, Demand Letter for PROMISE JOBS Provider Error Overissuance.
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 225D.2 and 225C.6, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 22, “Autism Support Program,” and Chapter 24, “Accreditation of Providers of Services to Persons with Mental Illness, Intellectual Disabilities, or Developmental Disabilities,” Iowa Administrative Code. These proposed amendments bring the definition of “eligible individual” into alignment with legislative changes made to Iowa Code chapter 225D in 2016. The Department discovered that this change of definition had been inadvertently left out of previously adopted amendments to Chapter 22. These amendments add new staff qualification options for crisis service providers. This change will increase the ability of providers to hire staff to provide some crisis response services. Providers are challenged to provide staffing for crisis response services. Providers, advocates, and the Mental Health and Disability Services (MHDS) Commission requested the Department review the staff qualifications to provide crisis response services. Stakeholders felt that there was a level of staff that may be well-qualified to provide some of the crisis response services but did not meet the qualifications in accordance with administrative rules. Any interested person may make written comments on the proposed amendments on or before April 7, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 225D.2 and 225C.6. The following amendments are proposed.
ITEM 1. Amend rule 441—22.1(225D), definition of “Eligible individual,” as follows: "Eligible individual" means a child less than nine14 years of age who has been diagnosed with autism based on a diagnostic assessment of autism, is not otherwise eligible for coverage for applied behavioral analysis treatment under the medical assistance program, Iowa Code section 514C.28, or private insurance coverage, and whose household income does not exceed 400500 percent of the federal poverty level. ITEM 2. Rescind rule 441—24.23(225C) and adopt the following new rule in lieu thereof:441—24.23(225C) Standards for organizational activities. 24.23(1) The organization shall meet the standards in subrules 24.3(1) through 24.3(5). 24.23(2) The organization shall describe the staffing structure that details how staff are utilized to provide the specific crisis stabilization services in rules 441—24.32(225C) through 441—24.39(225C). ITEM 3. Amend rule 441—24.24(225C) as follows:441—24.24(225C) Standards for crisis response staff. All crisis response staff shall meet the qualifications described in this rule. Additional staff requirements are described in each service. 24.24(1) Performance benchmark. Qualified crisis response staff provide crisis response services. 24.24(2) Performance indicators. a. One or more of the following qualifications are met: (1) A mental health professional as defined in Iowa Code section 228.1. (2) A bachelor’s degree with 30 semester hours or equivalent in a human services field (including, but not limited to, psychology, social work, mental health counseling, marriage and family therapy, nursing, education) and at leasta minimum of one year of experience in behavioral or mental health services. (3) A law enforcement officer trained in crisis intervention including, but not limited to, mental health first aid and mental health in-service trainingwith a minimum of two years of experience in the law enforcement officer’s field. (4) An emergency medical technician (EMT) trained in crisis intervention including, but not limited to, mental health first aidwith a minimum of two years of experience in the EMT’s field. (5) A peer support specialist with a minimum certification of mental health first aidof one year of experience in behavioral or mental health services. (6) A family support peer specialist with a minimum certification of mental health first aidof one year of experience in behavioral or mental health services. (7) A registered nurse with two yearsa minimum of one year of mental orexperience in behavioralor mental health experienceservices. (8) A bachelor’s degree in a non-human services-related field, associate’s degree, or high school diploma (or equivalency) with a minimum of two years of experience in behavioral or mental health services, and 30 hours of crisis and mental health in-service training (in addition to the required 30 hours of department-approved training). b. Documentation in staff records to verify satisfactory completion of department-approved training including: (1) A minimum of 30 hours of department-approved crisis intervention and training. (2) A posttraining assessment of competency is completed.ARC 2973CHuman Services Department[441]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 170, “Child Care Services,” Iowa Administrative Code. These proposed amendments change subrule 170.4(2), specifically, the Child Care Assistance (CCA) fee chart, to be in compliance with new federal poverty levels (FPL). These amendments also update rules regarding job search for new applicants to allow three months of job searching instead of one month. In addition, these amendments revise a minor technical error and update rule cross references. Any interested person may make written comments on the proposed amendments on or before April 4, 2017. Comments should be directed to Harry Rossander, Bureau of Policy Coordination, Department of Human Services, Hoover State Office Building, Fifth Floor, 1305 East Walnut Street, Des Moines, Iowa 50319-0114. Comments may be sent by fax to (515)281-4980 or by e-mail to policyanalysis@dhs.state.ia.us. These amendments do not provide for waivers in specified situations because requests for the waiver of any rule may be submitted under the Department’s general rule on exceptions at 441—1.8(17A,217). After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 234.6. The following amendments are proposed.
ITEM 1. Amend subparagraph 170.2(2)"b" as follows: (5) The parent is looking for employment. Child care for job search hours shall be limited to only those hours the parent is actually looking for employment, including travel time.Job search shall be limited to a maximum of 90 consecutive calendar days.- For applicants, a job search plan shall be approved by the department and be limited to a maximum of 30job search shall be approved for a maximum of 90 consecutive calendar days in a 12-month period. Exception: Additional job search hours may be paid for PROMISE JOBS participants if approved by the PROMISE JOBS worker.If the parent has not started employment within 90 days, assistance shall be canceled.
- For ongoing participants, job search shall be limited to a maximum of 90 consecutive calendar daysand will be treated the same as a temporary lapse in need as described at 170.2(2)“b”(9) and (10).
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 91C.6, the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 150, “Construction Contractor Registration,” Iowa Administrative Code. Legislation enacted in 2013 set forth a July 1, 2017, deadline for the Iowa Division of Labor and the Iowa Department of Public Health to create a combined application process for businesses covered by Iowa Code chapters 91C and 105. The proposed amendments will facilitate the combined application process and remove obsolete language. If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on April 4, 2017, a public hearing will be held on April 5, 2017, at 9:00 a.m. at 150 Des Moines Street, Des Moines, Iowa. The public will be given the opportunity to make oral statements and submit documents. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should telephone (515)725-5615 before the meeting 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 April 5, 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 1. After analysis and review of this rule making, no impact on jobs will occur. These amendments are intended to implement Iowa Code chapter 91C. The following amendments are proposed.
ITEM 1. Amend rule 875—150.4(91C), introductory paragraph, as follows:875—150.4(91C) Application. A contractor that is covered by the license requirements of Iowa Code chapter 105 shall apply for a contractor registration number by using the application system of the Iowa plumbing and mechanical systems board.Each contractorAll other contractors shall file an application with the division for a registration number on forms provided by the division. The application shall contain the applicable information and documents specified in this rule. ITEM 2. Amend subrule 150.4(7) as follows: 150.4(7) Account number. The employer account number or special contractor number issued by the unemployment insurance services division of the workforce development department prior to making application for a contractor’sbefore the contractor applies for a contractor registration number. ITEM 3. Rescind subrule 150.4(9) and adopt the following new subrule in lieu thereof: 150.4(9) Fee or fee exemption. A contractor who is eligible to register without paying a fee shall submit a completed fee exemption form. All other contractors must submit the nonrefundable fee as set forth below. a. The standard fee is $50 per year. b. Contractors who apply for a contractor registration number through the Iowa plumbing and mechanical systems board must pay a fee that is prorated in accordance with the length of the registration period. ITEM 4. Rescind and reserve subrule 150.6(3).ARC 2969CPublic Health Department[641]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135.105A, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 70, “Lead-Based Paint Activities,” Iowa Administrative Code. The primary purpose of the proposed amendments is to change the certification period from the current annual renewal cycle to a more efficient three-year certification cycle. Additionally, the Department is transitioning to a new database in mid-2017. The new database will be more efficient for office staff and is Web-based so that individuals and firms can apply for and renew their certifications online. These amendments are needed to make that transition into the new database. The concept of these substantive changes was posed to the lead professionals and their associated firms via a survey. The results were overwhelmingly in favor of these changes. Nearly 85 percent of respondents indicated that they were in favor of having certification available online. Over 71 percent of respondents indicated that they were in favor of the move to a three-year cycle, and 17 percent indicated that they had no opinion on the three-year cycle. The other proposed amendments are minor or intended to clean up the chapter. They include a minor definition change for high-efficiency particulate air (HEPA) vacuums, clarifying that the Department no longer provides curriculums to training providers, and the elimination of a reporting requirement that was never implemented due to budget and staff considerations. Any interested person may make written suggestions or comments on these proposed amendments on or before April 4, 2017. Such written comments should be directed to Kane Young, Bureau of Environmental Health Services, Iowa Department of Public Health, 321 East 12th Street, Des Moines, Iowa 50319. E-mail may be sent to kane.young@idph.iowa.gov. A public hearing will be held on Tuesday, April 4, 2017, from 2 to 3 p.m. at the Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa. The hearing will be held on the fifth floor in Room 518. Persons may present their views either orally or in writing. At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the amendments. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing impairments, should contact the Department and advise staff of specific needs. The relative cost for certification will remain the same at $60 per year. However, individuals will pay for three years of certification at the beginning of the cycle, so they will be charged $180. Therefore, there is no fiscal impact expected with these amendments. Iowa is authorized by the U.S. Environmental Protection Agency to implement these rules in Iowa. Iowa’s rules are not subject to waiver because the federal rules are not subject to waiver. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 135.105A. The following amendments are proposed.
ITEM 1. Amend rule 641—70.2(135), definitions of “HEPA vacuum” and “Lead professional,” as follows: "HEPA vacuum" means a vacuum cleaner which has been designed, operated, and maintained with a high-efficiency particulate air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing particles of 0.3 microns with 99.97 percent efficiency. The vacuum cleaner must be designed, operated, and maintained so that all of the air drawn into the machine is expelled through the HEPA filter with none of the air leaking past it. A vacuum must have sufficient suction to capture the dust that must be collected. A vacuum that complies with ANSI/IESO Standard 4310-2009 for Portable High Efficiency Air Filtration Device Field Testing and Validation Standard as a Class 3, 4, or 5 device is considered a HEPA vacuumHEPA vacuums must be operated and maintained in accordance with the manufacturer’s instructions. "Lead professional" means a person who conducts lead abatement, renovation, lead inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk assessments, visual risk assessments, clearance testing after lead abatement, clearance testing after renovation,paint testing, or clearance testing after interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation pursuant to 24 CFR Part 35. ITEM 2. Amend rule 641—70.3(135) as follows:641—70.3(135) Lead professional certification. A person or a firm shall not conduct lead abatement,renovation, clearance testing after lead abatement, lead-free inspections, lead inspections, elevated blood lead (EBL) inspections, lead hazard screens, risk assessments, visual risk assessments, clearance testing after renovation, or interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation pursuant to 24 CFR Part 35 unless the person or firm has been certified by the department in the appropriate discipline. Beginning April 22, 2010, a person or firm shall not conduct renovation unless the person or firm has been certified by the department in the appropriate discipline. However, persons who perform these activities within residential dwellings that they own are not required to be certified, unless the residential dwelling is occupied by a person other than the owner or a member of the owner’s immediate family while these activities are being performed. In addition, elevated blood lead (EBL) inspections shall be conducted only by certified elevated blood lead (EBL) inspector/risk assessors employed by or under contract with a certified elevated blood lead (EBL) inspection agency. In addition, persons who perform renovation under the supervision of a certified lead-safe renovator, certified lead abatement contractor, or certified lead abatement worker and who have completed on-the-job training are not required to be certified. However, on-the-job training does not meet the training requirement for work conducted pursuant to 24 CFR Part 35. Lead professionals and firms shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641—70.5(135) and been issued a current certificate by the department. Elevated blood lead (EBL) inspection agencies must be certified by the department. Elevated blood lead (EBL) inspection agencies shall not state that they have been certified by the state of Iowa unless they have met the requirements of 641—70.5(135) and been issued a current certificate by the department. ITEM 3. Amend rule 641—70.4(135), introductory paragraph, as follows:641—70.4(135) Course approval and standards. All lead professional training courses for initial certification and refresher training must be approved by the department. Training programs shall not state that they have been approved by the state of Iowa unless they have met the requirements of 641—70.4(135) and been issued a letter of approvalapproved by the department. Lead-safe work practices training programs that were approved by the department prior to January 13, 2010, must reapply for approval. ITEM 4. Amend paragraphs 70.4(1)"g", 70.4(1)"h" and 70.4(1)"s" as follows: g. The course test shall be developed in accordance with the test blueprint submitted with the course approval application. Training programs may use course tests developed by the department. h. The training program shall issue unique course completion certificates to each individualstudent who passes the course. The course completion certificate shall be issued in color. The course completion certificate shall include: (1) The name and address of the individual, a photograph of the individual, and a unique identification numberfirst name, last name and middle initial of the student. (2) The address of the student. (3) A photograph of the student, and a unique identification number. (2) (4) The name of the particular course that the individualstudent completed and the course length in hours. (3) (5) Dates of course completion and test passage. (4) (6) The name, address, and telephone number of the training program. (5) (7) The signature of the training manager. s. A training program shall provide the following information to the department electronically in a format specified by the department within 30 days of the conclusion of an approved course forroster each student who has taken the approved courseinto a database specified by the department. All students shall be rostered into the department database within 20 days of conclusion of an approved course. Rostering shall include: (1) Name,and address, and social security number. (2) Course completion certificate number. (3) Test score. (4) The photograph of each student as taken by the training program shall be submitted as a joint photographic experts group (JPEG) file with a size of at least two inches by two inches and a minimum resolution of 300 pixels per inchin a format specified by the department. ITEM 5. Amend subrule 70.4(2) as follows: 70.4(2) If a training program desires approval of a course by the department, the training program shall apply to the department for approval of the course at least 90 days before the initial offering of the course if the training program will use materials developed by the training program. If the training program will use materials developed by the department, the training program shall apply to the department for approval of the course at least 30 days before the initial offering of the course. The department may allow courses to be offered sooner if the department completes the approval in less than 3090 days. The application shall include: a. Training program name, contact person, address,e-mail address, and telephone number. b. Course dates and timesfor which approval is sought. c. Course locationlocations, including a description of the facilities and equipment to be used for lecture and hands-on training. d. Course agenda, including approximate times allotted to each training segment. e. A copy of each reference material, text, student andmanual, instructor manualsmanual, and audio-visual material used in the course. These materials may also be provided by the department. f. The name(s) and qualifications of the training manager, principal instructor(s), and guest instructor(s). The following documents shall be submitted as evidence that training managers and principal instructors have the education, work experience, training requirements, or demonstrated experience required by subrule 70.4(1): (1) Official transcripts or diplomas as evidence of meeting the education requirements. (2) Résumés, letters of reference, or documentation of work experience, as evidence of meeting the work experience requirements. (3) Certificates from lead-specific training courses, as evidence of meeting the training requirements. g. A copy of the course test blueprint. The course test may also be provided by the department. h. A description of the activities and procedures that will be used for conducting the assessment of hands-on skills for each course. i. Maximum class size. j. A copy of the quality control plan for the course. k. A nonrefundable fee of $200. ITEM 6. Amend paragraphs 70.4(3)"d", 70.4(3)"z" and 70.4(3)"aa" as follows: d. Lead-based paint inspection methods, including selection of rooms and components for sampling or testing to determine if a property is free of lead-based paint as specified in the Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1995(2012), U.S. Department of Housing and Urban Development), and methods to determine if lead-based paint hazards are present in a property.* z. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification andprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. aa. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 7. Amend paragraphs 70.4(4)"o" and 70.4(4)"p" as follows: o. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification andprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. p. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 8. Amend paragraphs 70.4(8)"w" and 70.4(8)"x" as follows: w. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification andprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. x. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 9. Amend paragraphs 70.4(9)"i" and 70.4(9)"j" as follows: i. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification and withprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. j. All of the course materials including instructions, applications, and forms must be providedon paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 10. Amend paragraphs 70.4(10)"r" and 70.4(10)"s" as follows: r. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certificationand provide information to each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. s. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 11. Amend paragraphs 70.4(11)"s" and 70.4(11)"t" as follows: s. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certificationand provide information to each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. t. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 12. Amend paragraphs 70.4(12)"ab" and 70.4(12)"ac" as follows: ab. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification and withprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. ac. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 13. Amend paragraphs 70.4(13)"h" and 70.4(13)"i" as follows: h. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification andprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. i. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 14. Amend paragraphs 70.4(14)"o" and 70.4(14)"p" as follows: o. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certification andprovide information provided by the department regardingto each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. p. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 15. Amend paragraphs 70.4(15)"l" and 70.4(15)"m" as follows: l. The instructor shall providean introduction of the online certification system used by the department. The instructor shall advise each student with instructions and formson the procedures needed to apply to the department for certificationand provide information to each student on the procedures needed for taking the state certification examination. The instructor shall also provide each student with a current copy of this chapter and 641—Chapter 69. m. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 16. Amend subrule 70.4(16) as follows: 70.4(16) To be approved for refresher training of sampling technicians, lead abatement contractors, lead abatement workers, and project designers, a course must be at least 8 training hours. To be approved for refresher training of lead inspector/risk assessors and elevated blood lead (EBL) inspector/risk assessors who completed an approved 24-hour training course, a course must be at least 8 training hours to meet the recertification requirements of subrule 70.5(3). To be approved for refresher training of lead inspector/risk assessors and elevated blood lead (EBL) inspector/risk assessors to meet the recertification requirements of subrule 70.5(6), a course must be at least 16 training hours. To be approved for refresher training of lead-safe renovators, a course must be at least 4 hoursand must include a hands-on component. All refresher training courses shall cover at least the following topics: a. A review of the curriculum topics of the initial certification course for the appropriate discipline as listed in subrules 70.4(3) to 70.4(15). b. An overview of current safety practices relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline. c. Current laws and regulations relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline. d. Current technologies relating to lead-based paint activities in general, as well as specific information pertaining to the appropriate discipline. e. The course shall conclude with a course test and, if applicable, a hands-on skills assessment. The student must achieve a score of at least 80 percent on the examination and successfully complete the hands-on skills assessment to successfully complete the course. The student may take the course test no more than three times within six months of completing the course. If an individual does not pass the course test within six months of completing the course, the individual must retake the appropriate approved course. f. All of the course materials including instructions, applications, and forms must be provided on paperto each student. The materials may be provided electronically unless an individual student requests that the materials be provided electronicallyon paper. ITEM 17. Amend subrule 70.4(17), introductory paragraph, as follows: 70.4(17) Approvals of training courses shall expire three years after the date of issuance. The training manager shall submit the following at least 9030 days prior to the expiration date for a course to be reapproved: ITEM 18. Amend rule 641—70.5(135), introductory paragraph, as follows:641—70.5(135) Certification, interim certification, and recertification. The department shall issue certifications and recertifications for a three-year time period. All applications for certification or recertification may be made to the department electronically in a format specified by the department or may be made to the department using a paper application supplied by the department. ITEM 19. Amend subrule 70.5(1), introductory paragraph, as follows: 70.5(1) A person wishing to become a certified lead professional shall apply on forms supplied by the department. The applicant must submitprovide the following information: ITEM 20. Amend paragraph 70.5(1)"g" as follows: g. A $60$180 nonrefundable fee. ITEM 21. Rescind paragraph 70.5(1)"i". ITEM 22. Amend subrule 70.5(5) as follows: 70.5(5) All agencies that perform or offer to perform elevated blood lead (EBL) inspections must be certifiedapproved by the department. An agency wishing to become a certifiedan approved elevated blood lead (EBL) inspection agency shall apply on forms suppliedin a format specified by the department. The agency must submit: a. A completed application form. b. Documentation that the agency has the authority to require the repair of lead hazards identified through an elevated blood lead (EBL) inspection. c. Documentation that the agency employs or has contracted with a certified elevated blood lead (EBL) inspector/risk assessor to provide environmental case management of all elevated blood lead (EBL) children in the agency’s service area, including follow-up to ensure that lead-based paint hazards identified as a result of elevated blood lead (EBL) inspections are corrected, and that lead-based paint activities will be conducted only by appropriately certified lead professionals. In addition, the agency must document that the agency and its employees or contractors will follow the work practice standards in 641—70.6(135) for conducting lead-based paint activities. d. A statement that the certifiedapproved elevated blood lead (EBL) inspection agency will maintain all records required by subrule 70.6(10)70.6(12). ITEM 23. Amend subrule 70.5(6) as follows: 70.5(6) Individuals certifiedapplying for recertification as lead professionals must be recertified each year. To be recertified, lead professionals must submit the following: a. A completed application form. b. A $60$180 nonrefundable fee. c. Every three years, aAcertificate showing that the applicant has successfully completed an approved refresher training course for the appropriate discipline. The initial refresher training course must be completed no more than three years after the date on which the applicant completed an approved training programprior to the date of the application for recertification. d. If a certified individual taking a refresher training course is also an approved instructor for that particular refresher training course and has access to the testing materials, the certified individual must take a refresher training course test supplied by the department in lieu of the normal refresher training course test. ITEM 24. Amend subrule 70.5(8) as follows: 70.5(8) Reciprocity. Each applicant for certification who is certified in any of the disciplines specified in this rule in another state may request reciprocal certification. The department shall evaluate the requirements for certification to determine that the requirements for certification in such other state are as protective of health and the environment as the requirements for certification in Iowa. For all disciplines except lead-safe renovatorand lead abatement worker, if the department determines that the requirements for certification in such other state are as protective of health and the environment as the requirements for certification in Iowa, the applicant may be certified after passing a proctored test covering Iowa-specific lead information with a score of at least 80 percent. For a lead-safe renovatorand lead abatement worker, if the department determines that the requirements for certification in such other state are as protective of health and the environment as the requirements for certification in Iowa, the applicant may be certified after signing a statement indicating that the applicant has read and understands Iowa-specific lead information provided by the department. Each applicant for certification pursuant to this subrule shall submit the appropriate application accompanied by the fee for each discipline as specified in 641—70.5(135). ITEM 25. Amend subparagraph 70.6(1)"a" as follows: (7) A certified lead inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk assessor shall prepare a written report for each residential dwelling or child-occupied facility where a lead-free inspection is completed. No later than three weeks after the receipt of laboratory results, the certified lead inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk assessor shall send a copy of the report to the property owner and to the person requesting the lead-free inspection, if different. A certified lead inspector/risk assessor or a certified elevated blood lead (EBL) inspector/risk assessor shall maintain a copy of each written report for no less than three years. The report shall include, at least:- A statement that the inspection was conducted to determine whether the residential dwelling is free of lead-based paint;
- Date of inspection;
- Address of building;
- Date of construction;
- Apartment numbers (if applicable);
- The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;
- Name, signature, and certification number of each certified lead inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk assessor conducting the inspection;
- Name and certification number of the certified firm(s) conducting the inspection;
- Name, address, and telephone number of each laboratory conducting an analysis of collected samples;
- Each testing method and sampling procedure employed for paint analysis, including quality control data and, if used, the manufacturer, serial number, software, and operating mode of any X-ray fluorescence (XRF) device;
- XRF readings taken for calibration and calculations to demonstrate that the XRF is properly calibrated at each required calibration;
- Specific locations by room of each painted component tested for the presence of lead-based paint and the results for each component expressed in terms appropriate to the sampling method used;
- The results of retesting of 10 surfaces, calculations to determine the retest tolerance limit, and the determination of whether the inspection meets the retest tolerance limit;
- If the certified lead inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk assessor determines that the residential dwelling is free of lead-based paint, the report shall contain the following statement:“The results of this inspection indicate that no lead in amounts greater than or equal to 1.0 mg/cm2 in paint was found on any building components, using the inspection protocol in Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997)((2012), U.S. Department of Housing and Urban Development). Therefore, this residential dwelling qualifies for the exemption in 24 CFR Part 35 and 40 CFR Part 745 for target housing being leased that is free of lead-based paint, as defined in the rule. However, some painted surfaces may contain levels of lead below 1.0 mg/cm2, which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the owner and all future owners for the life of the residential dwelling. Per the disclosure requirements of 24 CFR Part 35 and 40 CFR Part 745, prospective buyers are entitled to all available inspection reports should the property be resold.”;
- If any lead-based paint is identified, a description of the location, type, and severity of identified lead-based paint hazards, including the classification of each tested surface as to whether it is a lead-based paint hazard, and any other potential lead hazards, including bare soil in the dripline of a home where lead-based paint is identified on exterior components or lead-based paint previously existed on exterior components, but has been removed, enclosed, or encapsulated;
- A description of interim controls and lead abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure;
- Information regarding the owner’s obligations to disclose known lead-based paint and lead-based paint hazards upon sale or lease of residential property as required by Subpart H of 24 CFR Part 35 and Subpart I of 40 CFR Part 745;
- Information regarding Iowa’s prerenovation notification requirements found in 641—Chapter 69; and information regarding Iowa’s regulations for renovation, remodeling and repainting found in 641—Chapter 70; and
- The report shall contain the following statement:“The location and nature of this inspection are required to be reported to the Iowa Department of Public Health for tracking purposes. The Iowa Department of Public Health may review this report for compliance purposes.It is a violation of law for anyone other than the certified lead professional signing it to alter this report. This report may be supplemented with additional information, so long as any addendum is signed by a lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor certified according to Iowa Administrative Code 641—70.3(135) and 70.5(135).”
- Date of each inspection;
- Address of each building in the multifamily housing;
- Date of construction for each building in the multifamily housing;
- A list of the apartments and common areas in each building in the multifamily housing;
- The name, address, and telephone number of the owner or owners of each residential dwelling or child-occupied facility;
- A statement that the inspection was conducted to determine that lead-based paint is not present;
- The name of the Iowa-certified inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor who randomly selected the residential dwellings and common areas for testing;
- The number of residential dwellings and common areas that were selected for testing, how these numbers were determined, and a list of the residential dwellings and common areas that were selected for testing;
- Name, signature, and certification number of each certified lead inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk assessor conducting the inspection;
- Name and certification number of the certified firm(s) conducting the inspection;
- Name, address, and telephone number of each laboratory conducting an analysis of collected samples;
- Each testing method and sampling procedure employed for paint analysis, including quality control data and, if used, the manufacturer, serial number, software, and operating mode of any X-ray fluorescence (XRF) analyzer;
- XRF readings taken for calibration and calculations to demonstrate that the XRF is properly calibrated at each required calibration;
- Specific locations by room of each painted component tested for the presence of lead-based paint and by residential dwelling or common area and the results for each component expressed in terms appropriate to the sampling method used;
- Component aggregations and the determination of whether lead-based paint is present by component type;
- The results of retesting of 10 surfaces, calculations to determine the retest tolerance limit, and the determination of whether the inspection meets the retest tolerance limit;
- If the certified lead inspector/risk assessor or certified elevated blood lead (EBL) inspector/risk assessor determines that the multifamily housing is free of lead-based paint, the report shall contain the following statement:“The results of this inspection indicate that no lead in amounts greater than or equal to 1.0 mg/cm2 in paint was found on any building components, using the inspection protocol in Chapter 7 of the HUD Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (1997)((2012), U.S. Department of Housing and Urban Development). Therefore, this multifamily housing qualifies for the exemption in 24 CFR Part 35 and 40 CFR Part 745 for target housing being leased that is free of lead-based paint, as defined in the rule. However, some painted surfaces may contain levels of lead below 1.0 mg/cm2, which could create lead dust or lead-contaminated soil hazards if the paint is turned into dust by abrasion, scraping, or sanding. This report should be kept by the owner and all future owners for the life of the multifamily housing. Per the disclosure requirements of 24 CFR Part 35 and 40 CFR Part 745, prospective buyers are entitled to all available inspection reports should the property be resold.”;
- If any lead-based paint is identified, a description of the location, type, and severity of identified lead-based paint hazards, including the classification of each tested surface as to whether it is a lead-based paint hazard, and any other potential lead hazards, including bare soil in the dripline of a home where lead-based paint is identified on exterior components or lead-based paint previously existed on exterior components, but has been removed, enclosed, or encapsulated;
- A description of interim controls and lead abatement options for each identified lead-based paint hazard and a suggested prioritization for addressing each hazard. If the use of an encapsulant or enclosure is recommended, the report shall recommend a maintenance and monitoring schedule for the encapsulant or enclosure;
- Information regarding the owner’s obligations to disclose known lead-based paint and lead-based paint hazards upon sale or lease of residential property as required by Subpart H of 24 CFR Part 35 and Subpart I of 40 CFR Part 745;
- Information regarding Iowa’s prerenovation notification requirements found in 641—Chapter 69; and information regarding Iowa’s regulations for renovation found in 641—Chapter 70; and
- The report shall contain the following statement:“The location and nature of this inspection are required to be reported to the Iowa Department of Public Health for tracking purposes. The Iowa Department of Public Health may review this report for compliance purposes.It is a violation of law for anyone other than the certified lead professional signing it to alter this report. This report may be supplemented with additional information, so long as any addendum is signed by a lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor certified according to Iowa Administrative Code 641—70.3(135) and 70.5(135).”
- The start and completion dates of the renovation, interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation.
- The name and address of each firm or organization conducting the renovation, interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation and the name of each supervisor assigned.
- A detailed written description of the renovation, interim controls, paint stabilization, standard treatments, ongoing lead-based paint maintenance, or rehabilitation, including the methods used, locations of exterior surfaces, interior rooms, common areas, and components where the hazard reduction activity occurred.
- If interim control of soil hazards was conducted, a detailed description of the location(s) of the interim controls and the method(s) used.
- Information regarding the owner’s obligations to disclose known lead-based paint and lead-based paint hazards upon sale or lease of residential property as required by Subpart H of 24 CFR Part 35 and Subpart I of 40 CFR Part 745.
- Information regarding Iowa’s prerenovation notification requirements found in 641—Chapter 69; and information regarding Iowa’s regulations for renovation found in 641—Chapter 70.
- The report shall contain the following statement:“The location and nature of this inspection are required to be reported to the Iowa Department of Public Health for tracking purposes.The Iowa Department of Public Health may review this report for compliance purposes. It is a violation of law for anyone other than the certified lead professional signing it to alter this report. This report may be supplemented with additional information, so long as any addendum is signed by a sampling technician, lead inspector/risk assessor or elevated blood lead (EBL) inspector/risk assessor certified according to Iowa Administrative Code 641—70.3(135) and 70.5(135).”
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 135.181, the Department of Public Health hereby gives Notice of Intended Action to amend Chapter 107, “Board-Certified Behavior Analyst and Board-Certified Assistant Behavior Analyst (BCBA/BCaBA) Grants Program,” Iowa Administrative Code. Chapter 107 was recently established to implement the board-certified behavior analyst and board-certified assistant behavior analyst grants program. The proposed amendment corrects language that limited the awarding of the grant due to an inflexible limit on contract length. The proposed amendment will positively impact the execution of the program. Regarding contracts, the Department will continue to follow the requirements for competitive selection contained in 641—Chapter 176 in awarding the program grant funds. Any interested person may make written comments or suggestions on the proposed amendment on or before April 4, 2017. Such written comments should be directed to Megan Hartwig, Department of Public Health, Lucas State Office Building, 321 East 12th Street, Des Moines, Iowa 50319; fax (515)242-6384; e-mail may be sent to megan.hartwig@idph.iowa.gov. After analysis and review of this rule making, it is projected that this amendment will positively impact board-certified behavior analyst and board-certified assistant behavior analyst employment opportunities in Iowa. This amendment is intended to implement Iowa Code section 135.181. The following amendment is proposed.
ITEM 1. Amend subrule 107.7(1) as follows: 107.7(1) An applicant shall complete and submit an application to the program in the manner specified by the department. An applicant, if awarded a grant, shall enter into a contract with the department for up to a four-year period. The department shall follow requirements for competitive selection contained in 641—Chapter 176 in awarding these funds.ARC 2966CReal Estate Appraiser Examining Board[193F]Notice of Intended ActionTwenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 543D.5, the Iowa Real Estate Appraiser Examining Board (Board) hereby gives Notice of Intended Action to amend Chapter 1, “Organization and Administration,” Chapter 4, “Associate Real Property Appraiser,” Chapter 5, “Certified Residential Real Property Appraiser,” and Chapter 6, “Certified General Real Property Appraiser,” Iowa Administrative Code. The purpose of these proposed amendments is to clarify requirements for individuals seeking to become associate appraisers or to upgrade their credentials on or after January 1, 2017, in accordance with Iowa Code section 543D.22 and current Board rules. The requirement for background checks is already in effect, and these amendments circumscribe the time frame for when an application is due in relation to the completion of a background check. Consideration will be given to all written suggestions or comments received no later than 4:30 p.m. on April 4, 2017. Comments should be addressed to Brandy March, Iowa Real Estate Appraiser Examining Board, 200 E. Grand Avenue, Third Floor, Suite 350, Des Moines, Iowa 50309. E-mail may be sent to brandy.march@iowa.gov. A public hearing will be held on April 4, 2017, at 8:30 a.m. in the Professional Licensing Small Conference Room, 200 E. Grand Avenue, Third Floor, Des Moines, Iowa, at which time persons may present their views on the proposed amendments either orally or in writing. At the hearing, any person who wishes to speak will be asked to give the person’s name and address for the record and to confine remarks to the subject of the proposed amendments. These amendments do not have any fiscal impact on the state of Iowa. These amendments are subject to waiver or variance pursuant to 193F—Chapter 11. After analysis and review of this rule making, no direct impact on jobs exists as these amendments implement procedural changes only. These amendments are intended to implement Iowa Code chapter 543D. The following amendments are proposed.
ITEM 1. Amend rule 193F—1.21(543D) as follows:193F—1.21(543D) National criminal history check. Effective January 1, 2017, all applicants for any of the classifications listed in 193F—1.17(543D) must satisfactorily complete a national criminal history check as provided in Iowa Code section 543D.22 as a condition of registration as an associate real property appraiser or certification as a residential or general real property appraiser.The applicant shall authorize release of the results of the criminal history check to the board. Unless the criminal history check was completed within 180 calendar days prior to the date the license application is received by the board, the board shall reject and return the application to the applicant. ITEM 2. Amend subrule 4.1(3) as follows: 4.1(3) Background check. Effective January 1, 2017, a national criminal history check as provided in Iowa Code section 543D.22 shall be performed on any new associate appraiser.The applicant shall authorize release of the results of the criminal history check to the board. Unless the criminal history check was completed within 180 calendar days prior to the date the license application is received by the board, the board shall reject and return the application to the applicant. ITEM 3. Amend subrule 5.7(5) as follows: 5.7(5) Background check. Effective January 1, 2017, a national criminal history check as provided in Iowa Code section 543D.22 shall be performed on any appraiser upgrading to a certified general real property appraiser.The applicant shall authorize release of the results of the criminal history check to the board. Unless the criminal history check was completed within 180 calendar days prior to the date the license application is received by the board, the board shall reject and return the application to the applicant. ITEM 4. Amend rule 193F—6.7(543D) as follows:193F—6.7(543D) Background check. Effective January 1, 2017, a national criminal history check as provided in Iowa Code section 543D.22 shall be performed on any appraiser upgrading to a new credential.The applicant shall authorize release of the results of the criminal history check to the board. Unless the criminal history check was completed within 180 calendar days prior to the date the license application is received by the board, the board shall reject and return the application to the applicant.ARC 2988CPublic Employment Relations Board[621]Adopted and Filed EmergencyPursuant to the authority of 2017 Iowa Acts, House File 291, section 25, the Public Employment Relations Board hereby amends Chapter 7, “Impasse Procedures,” Iowa Administrative Code. 2017 Iowa Acts, House File 291, which became effective upon its February 17, 2017, enactment, made significant changes to Iowa Code chapter 20 (2017) concerning employee representative certification and decertification elections and to the existing collective bargaining and impasse procedures. House File 291 specifically requires the Board to adopt emergency rules as deemed necessary to provide for and implement the transition to the new procedures contained in House File 291. These amendments provide for the transition to and implementation of the provisions of 2017 Iowa Acts, House File 291. Item 1 implements section 25 of House File 291, which requires parties to terminate bargaining under the prior statutory provisions if a collective agreement had not been reached prior to February 17, 2017, and to then commence bargaining as provided in House File 291. Item 2 provides alternative deadlines for the completion of the various steps in the bargaining and impasse procedures. This schedule is severely compressed of necessity, because House File 291 effectively requires some parties to complete what is typically a 120-plus-day process in a 26-day period ending March 15, 2017. These emergency alternative deadlines affect only bargaining and impasse procedures for collective agreements to become effective in 2017 which are subject to a March 15, 2017, completion deadline. The Board intends to replace these emergency deadlines by adopting permanent rules applicable to later bargaining and impasse procedures. Item 3 specifies House File 291-imposed requirements applicable to arbitrations conducted on or after February 17, 2017, generally, as well as the distinctions between arbitrations involving the different types of bargaining units identified by House File 291. The Public Employment Relations Board adopted these amendments on February 22, 2017. Pursuant to Iowa Code section 17A.4(3), the Board finds that notice and public participation are unnecessary because time is of the essence to the affected parties, a fact recognized by the General Assembly when it directed the Board to adopt emergency rules to facilitate the timely completion of its bargaining and impasse procedures. Pursuant to Iowa Code section 17A.5(2)“b”(1)(a), the Board also finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective upon filing because House File 291 so requires. These amendments do not provide for waivers in specified situations since the purpose of the rules is to establish specific, compressed procedural deadlines which, when followed, will result in a collective bargaining agreement or arbitrator’s award not later than the applicable deadline for the parties’ completion of bargaining and impasse procedures. Flexibility is, however, available to the parties because House File 291 allows them to waive not only the deadlines established by these amendments but also the ultimate completion deadline established by either existing law or House File 291. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement 2017 Iowa Acts, House File 291, sections 25, 26 and 27. These amendments became effective February 22, 2017. The following amendments are adopted.
ITEM 1. Adopt the following new rule 621—7.8(20):621—7.8(20) Termination and resumption of bargaining and impasse procedures not completed on or before the enactment of 2017 Iowa Acts, House File 291. Parties who have not completed a collective bargaining agreement under the procedures in effect prior to the enactment of 2017 Iowa Acts, House File 291, by ratification as provided in Iowa Code section 20.17(4) or by the issuance of an arbitrator’s final determination as described in Iowa Code section 20.22(11) shall immediately terminate their bargaining and impasse procedures in process. The parties shall commence bargaining and impasse procedures anew in accordance with the provisions of 2017 Iowa Acts, House File 291. ITEM 2. Adopt the following new rule 621—7.9(20):621—7.9(20) Bargaining and impasse procedures conducted on or after February 17, 2017. 7.9(1) Applicability. a. This rule applies to parties that, on February 17, 2017: (1) Were engaged in bargaining or impasse procedures for a collective bargaining agreement to become effective in 2017; (2) Were engaged in bargaining or impasse procedures for a collective bargaining agreement which would be applicable to a bargaining unit of employees of a state public employer or of a city, county or other public employer with a certified budget submission date of March 15, 2017; (3) Are not parties to an independent impasse agreement establishing a bargaining and impasse completion deadline other than the employer’s certified budget submission date; and (4) Are not excepted by subrule 7.9(2). b. All other provisions of 621—Chapters 6 and 7 shall apply to such parties except as altered by this rule. c. 2017 Iowa Acts, House File 291, establishes a deadline for the completion of collective bargaining and impasse procedures of June 30, 2017, for bargaining units employed by a school district, area education agency or community college, unless the parties establish a different deadline by mutual agreement. The procedures applicable to such bargaining units are not subject to this rule. 7.9(2) Exceptions. The emergency bargaining and impasse procedures provided by this rule do not apply to parties to a collective bargaining agreement which, as of the enactment of 2017 Iowa Acts, House File 291: a. Has been ratified in a ratification election referred to in Iowa Code section 20.17(4); b. Has been established by an arbitrator’s final determination specifying the terms of the collective bargaining agreement as described in Iowa Code section 20.22(11); or c. Has become effective. 7.9(3) Waiver of completion deadlines. Because of the short period of time between the enactment of 2017 Iowa Acts, House File 291, and March 15, 2017, parties subject to a March 15 completion deadline are encouraged to negotiate and enter into an independent impasse agreement waiving that deadline and establishing an alternative deadline which allows for a less hurried procedure than is required by subrule 7.9(4). 7.9(4) Bargaining and impasse procedures conducted on or after February 17, 2017. For parties, mediators, arbitrators and bargaining units within the scope of this rule, the following procedures apply: a. The parties must complete their exchange of initial bargaining positions not later than Monday, February 27, 2017. Subject to the requirements of Iowa Code chapter 21, the parties may make their exchanges on the same day, with the certified employee organization presenting its initial bargaining position first. b. If the impasse has not been resolved, the parties must participate in mediation not later than Thursday, March 2, 2017, if requested by either party. A party that has previously filed a request for mediation need not file a new request, and may instead renew the party’s prior request by e-mail to the agency at iaperb@iowa.gov. Other parties shall complete a formal request for mediation form which shall be signed by at least one party and be personally delivered or e-mailed to the agency. The party requesting mediation shall copy the other party on its e-mail renewing its earlier request or shall serve a copy of its formal request upon the other party by personal service or e-mail. The renewal of an earlier request or new formal request must be made as soon as possible to allow the agency to assign a mediator and the mediator to schedule and hold mediation with the parties not later than March 2, 2017. c. If the impasse has not been resolved, either party may, not later than Friday, March 3, 2017, request that the agency arrange for binding arbitration. A party that has previously filed a request for arbitration need not file a new request, and may instead renew the party’s prior request by e-mail to the agency at iaperb@iowa.gov. Other parties shall complete a formal request for arbitration form which shall be completed and signed by at least one party and be personally delivered or e-mailed to the agency. The party requesting arbitration shall copy the other party on its e-mail renewing its earlier request or shall serve a copy of its formal request upon the other party by personal service or e-mail. d. The agency will provide the parties with a list of available arbitrators by e-mail as soon as is practicable following the agency’s receipt of the renewed or new request for arbitration. e. If the impasse has not been resolved, the parties must strike the list of arbitrators, notify the agency of the parties’ selected arbitrator and exchange their final offers by personal delivery or e-mail not later than Monday, March 6, 2017. All disputes concerning the negotiability of any final offer shall be submitted to the agency by personal delivery or e-mail not later than March 7, 2017. f. All arbitration hearings must be held not later than March 10, 2017. g. Arbitrators must consider the criteria listed in Iowa Code section 20.22 as amended by 2017 Iowa Acts, House File 291, section 12, and issue a written award specifying and explaining the arbitrator’s selection(s) and specifically addressing the section 20.22 criteria not later than March 15, 2017. ITEM 3. Adopt the following new rule 621—7.10(20):621—7.10(20) Binding arbitrations conducted on or after February 17, 2017. 7.10(1) Applicability. All parties engaged in bargaining or impasse procedures for a collective bargaining agreement to become effective in 2017 are subject to the binding arbitration procedures specified in this rule unless otherwise specified in rule 621—7.8(20). All other provisions of 621—Chapters 6 and 7 shall apply except as altered by this rule. 7.10(2) Exchange of offers. Except for parties utilizing the procedures specified in rule 621—7.8(20), each party shall serve its final offer on each of the impasse items upon the other party within four days of the board’s receipt of the request for arbitration, or by a deadline otherwise agreed upon by the parties. 7.10(3) Submission of impasse items and limitation of evidence. The submission of the impasse items to the arbitrator shall be limited to those mandatorily negotiable items upon which the parties have not reached agreement and any permissive items which the parties have agreed to submit to arbitration. With respect to each such impasse item, the arbitrator’s award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitrator, except as provided in paragraph 7.10(5)“d.” The parties shall not introduce, and the arbitrator shall not accept or consider, any direct or indirect evidence regarding any subject excluded from negotiations pursuant to Iowa Code section 20.9 as amended by 2017 Iowa Acts, House File 291, except as required for purposes of the consideration of the factors specified in subrule 7.10(4) and paragraph 7.10(5)“a.” 7.10(4) Arbitration involving a bargaining unit that has at least 30 percent of members who are public safety employees. The arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors: a. Past collective bargaining contracts between the parties including the bargaining that led up to such contracts. b. Comparison of wages, hours and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved. c. The interests and welfare of the public, the ability of the public employer to finance economic adjustments and the effect of such adjustments on the normal standard of services. 7.10(5) Arbitration involving a bargaining unit that does not have at least 30 percent of members who are public safety employees. a. The arbitrator shall consider and specifically address in the arbitrator’s determination, in addition to any other relevant factors, the following factors: (1) Comparison of base wages, hours, and conditions of employment of the involved public employees with those of other public employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved. To the extent adequate, applicable data is available, the arbitrator shall also compare base wages, hours, and conditions of employment of the involved public employees with those of private sector employees doing comparable work, giving consideration to factors peculiar to the area and the classifications involved. (2) The interests and welfare of the public. (3) The financial ability of the employer to meet the cost of an offer in light of the current economic conditions of the public employer. The arbitrator shall give substantial weight to evidence that the public employer’s authority to utilize funds is restricted to special purposes or circumstances by state or federal law, rules, regulations, or grant requirements. b. The arbitrator shall not consider the following factors: (1) Past collective bargaining agreements between the parties or bargaining that led to such agreements. (2) The public employer’s ability to fund an award through the increase or imposition of new taxes, fees, or charges or to develop other sources of revenue. c. The arbitrator’s award on the impasse item of base wages shall not exceed the lesser of the following percentages in any one-year period in the duration of the bargaining agreement: (1) Three percent. (2) A percentage equal to the increase in the consumer price index for all urban consumers for the Midwest region, if any, as provided by the agency. d. Should the final offers of both parties on the impasse item of base wages exceed the lesser of the percentages specified in paragraph 7.10(5)“c,” the arbitrator shall select neither of the parties’ offers, but shall instead award the lesser of the amounts listed in paragraph 7.10(5)“c.” Rules 621—7.8(20) to 621—7.10(20) are intended to implement Iowa Code chapter 20 as amended by 2017 Iowa Acts, House File 291. [Filed Emergency 2/22/17, effective 2/22/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2976CAging, Department on[17]Adopted and FiledPursuant to the authority of Iowa Code section 231.23, the Department on Aging rescinds Chapter 21, “Case Management for Frail Elders,” and adopts new Chapter 21, “The Service of Case Management,” Iowa Administrative Code. The adoption of new Chapter 21 updates rules relating to the provision of the service of case management, including criteria for service providers, the explanation of the service process and requirements, the client discharge and transfer process, the monitoring and follow-up process, and documentation and records retention. Notice of Intended Action was published in the December 7, 2016, Iowa Administrative Bulletin as ARC 2851C. Public comments were allowed until 4:30 p.m. on December 27, 2016. Public comments were received from one commenter. The comments stated that there may be duplication in services related to the 30-day notice provision in the rule pertaining to the discharging of clients and that home visits need to be made at least quarterly. The commenter was concerned that in subparagraph 21.4(7)“a”(9), there would not be enough time to provide notice to discharge 30 days prior to the client’s becoming eligible for a comparable case management service from another funding source and this would cause a duplication of service. The Department agrees that there could be a client with more than one case manager for the 30 days after notice is given. The intent of this notice is to ensure that the client’s needs are being met and that the client has adequate notice of a change. If the client is actually eligible for another service and 30 days’ notice is not available to prevent duplication, the service provider would only need to follow up in accordance with paragraph 21.4(6)“a.” This appears to be minimal burden on the provider that would ensure the rights and safe transition of the consumer. The commenter was concerned that in paragraph 21.4(6)“a,” there was not a requirement on face-to-face visits to ensure a more person-centered approach. The intent of this chapter is to create a process for the service of case management. The person-centered approach would be a part of a substantive rule. The Department does encourage a person-centered approach to the service of case management, but the Department does not believe that inclusion of a person-centered approach in a procedural chapter would be appropriate. Based upon the rationale noted above, the Department has not revised the language of the rules since publication of the Notice of Intended Action. After analysis and review of this rule making, no impact on jobs has been found. These rules are intended to implement Iowa Code section 231.23A. These rules will become effective May 3, 2017. The following amendment is adopted.
ITEM 1. Rescind 17—Chapter 21 and adopt the following new chapter in lieu thereof: CHAPTER 21THE SERVICE OF CASE MANAGEMENT17—21.1(231) Authority. This chapter implements the service of case management as provided in Iowa Code section 231.23A and the federal Older Americans Act (OAA).17—21.2(231) Purpose. This chapter sets out client eligibility, covered services, program administration and program standards to assist clients in coordinating the use of the long-term living continuum which ranges from the independent access of congregate services to the delivery of support services in the home or through facility-based care for the clients served. The service of case management is designed to promote and support independent living of older Iowans funded through Title III (Grants to State and Community Programs on Aging) of the OAA or state funds distributed to the area agencies on aging (AAA) based upon their current area plan.17—21.3(231) General requirements for providers of case management services. 21.3(1) Qualifications to provide the service of case management. An individual providing the service of case management shall have, at a minimum, one of the following qualifications: a. A bachelor’s degree in the human services field including, but not limited to, social work, sociology, special education, rehabilitation counseling, and psychology. b. An associate’s degree and two years of full-time equivalent work experience in a human services field involving direct contact with service to people in overcoming social, economic, psychological or health problems. c. A license as a registered nurse in Iowa. 21.3(2) Continuing education requirements for the provider of the service of case management. An individual providing the service of case management shall: a. Attend during the term of employment annual and other case management training as required by the department. b. Obtain eight hours of relevant training annually. If eight hours of training are not provided in accordance with paragraph 21.3(2)“a,” the individual shall document training related to the provision of geriatric case management. Documentation shall be included in the individual’s personnel record. c. Complete the mandatory reporter requirements within 90 business days of hiring in accordance with Iowa Code chapter 235B. Each AAA shall ensure that all providers of the service of case management meet this requirement. 21.3(3) Background checks. Each AAA shall ensure and document that, prior to beginning employment, every potential provider of the service of case management shall have successfully completed a criminal history background check and child and dependent adult abuse record check. a. A background check includes, at a minimum, a request that the Iowa department of public safety perform a criminal history background check and that the department of human services perform child and dependent adult abuse record checks of every potential provider. b. If a potential provider has an unfavorable criminal history background check or child and dependent adult abuse record check, the potential provider shall not provide services under this chapter. 21.3(4) Contracting for case management services. An AAA may contract for the provision of the service of case management. a. The contractor and the individual providing the service of case management shall be subject to and comply with any applicable state or federal laws and regulations, including this chapter. b. For monitoring purposes, the department shall have access to all records related to the service of case management and all related facilities of the contractor. c. The AAA shall monitor the contractor in accordance with rule 17—6.10(231).17—21.4(231) Case management service activities. Case management service activities include the following components. 21.4(1) Client identification. The provider of the service of case management may identify clients through public education, awareness, and outreach. 21.4(2) Intake. The provider of the service of case management shall follow a defined intake process developed or approved by the department. To become eligible for the service of case management, a potential client with case management needs shall: a. Be a legal resident of the state of Iowa; b. Be aged 60 or older; c. Be in need of the service of case management based on a needs assessment as described in subrule 21.4(3); d. Be funded through Title III (Grants to State and Community Programs on Aging) of the OAA or state funds distributed to the AAA based upon their current area plan; and e. Not be entitled to receive case management services or case management service reimbursement from another source. 21.4(3) Needs assessment. A face-to-face comprehensive assessment, utilizing a standardized tool developed or approved by the department and preferably conducted in the client’s home or place of residence, must be conducted for each case management client to identify the conditions and needs of the client and to establish goals for services provided. 21.4(4) Service plan development. Based on a standardized form developed or approved by the department, a written service plan shall be prepared for each client. The service plan shall utilize appropriate and available resources. a. The service plan shall be developed within 20 calendar days of the needs assessment. b. The service plan shall identify available services and problem-solving efforts to meet the client’s determined needs and to enable the client to live with maximum possible independence. c. A copy of the service plan shall be given to the client or the client’s legal representative and shall be documented in the client’s file. 21.4(5) Service plan implementation. A referral of the client to an appropriate resource for service provision and problem resolution shall be made and documented in the client’s file. If the referral is made to an informal network (e.g., family, friends), the service and problem-solving arrangement agreed to regarding duties and responsibilities shall be documented in the client’s service plan. The following services shall be performed for each client, as appropriate and needed: a. Active intervention and advocacy on behalf of the client to access necessary services from community organizations and to resolve problems experienced by the client; b. Establishment of connections with service providers for the prompt and effective delivery of services needed by the client, including submission of instructions for service delivery to the appropriate service providers; c. Encouragement of informal care given by individuals, family, friends, neighbors, and community organizations, so that publicly supported services supplement rather than supplant the roles and responsibilities of these natural support systems. 21.4(6) Follow-up and reassessment of client status. a. Follow-up.Monthly monitoring of each client shall be conducted through telephone or face-to-face contact to ensure prompt and effective service delivery and response to changes in the client’s needs and status. All follow-up shall be documented in the client’s file. b. Reassessment.A face-to-face needs assessment of the client’s condition and needs must be conducted in accordance with subrule 21.4(3), preferably in the home of the client, no later than the twelfth month from the last completed needs assessment. This needs assessment must be conducted more frequently if a change in the client’s circumstances is identified in a follow-up or a report from a third party. 21.4(7) Client discharge. a. A client shall be discharged from the service of case management when any one of the following situations has occurred: (1) The client dies; (2) The client moves out of state; (3) The client moves into a nursing facility and the stay is expected to be permanent; (4) The client or the client’s legal representative requests termination of case management service; (5) The client is unwilling or unable to adhere to the agreed-upon service plan; (6) The client or the client’s legal representative refuses to provide access to information necessary for the development or implementation of the service plan; (7) The service provider determines that the client’s needs cannot be met in a way that ensures the client’s health, safety and welfare; (8) The service provider determines that the client’s goals are achieved and the client no longer requires the service of case management; (9) The client becomes eligible for a comparable case management service from another funding source; or (10) The AAA determines that funding is no longer available to provide the service of case management. b. A point of contact identified by the AAA shall be notified of and approve all discharges prior to initiation of discharge action. c. If the discharge is due to the circumstances given in subparagraphs 21.4(7)“a”(5) to 21.4(7)“a”(9), the AAA providing the service of case management shall provide a 30-day written notice to the client or the client’s legal representative stating the reasons for the discharge from case management and include the process for appealing the decision in accordance with rule 17—6.10(231). 21.4(8) Transfer. When a client moves from the AAA’s geographic service area, the AAA shall, with the documented consent of the client or the client’s legal representative, refer the client to the AAA serving the area to which the client has moved. 21.4(9) Monitoring and follow-up. The AAA shall, and the department may, monitor and follow up with providers of the service of case management. a. Monitoring shall be conducted to determine whether: (1) Services are being furnished in accordance with the client’s service plan, including the amount of service provided, the client’s attendance, and the client’s participation in the service. (2) The client has declined services in the service plan. (3) Communication is occurring among all providers to ensure coordination of services. (4) Services in the service plan are meeting the identified needs of the client, including the client’s progress toward achieving the goals and actions determined in the service plan. b. Monitoring shall include accessing and assessing the client, the places of service (including the client’s home when applicable), and all services. 21.4(10) Records and documentation. a. A case management service provider shall maintain individual client records in a paper file or in a case management software database approved by the department. The case file for each client shall minimally include the following information: (1) Intake form(s); (2) Comprehensive needs assessment; (3) Copies of release of information (if needed); (4) Service plan; (5) Record of referral(s) and request(s); (6) Correspondence related to the case; (7) Formal case notes, which include documentation of the follow-up as noted in paragraph 21.4(6)“a” or of case closure. b. Except by written consent of the client or the client’s legal representative, the use or disclosure by any person of any information concerning a client for any purpose not directly connected with the administration of the responsibilities of the department, AAA or contractor is prohibited. c. Upon change in AAA designation, the AAA which has been dedesignated shall transfer all specified records as prescribed by the department to the newly designated AAA. These rules are intended to implement Iowa Code section 231.23A. [Filed 2/23/17, effective 5/3/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2977CAging, Department on[17]Adopted and FiledPursuant to the authority of Iowa Code section 231.14, the Department on Aging hereby rescinds Chapter 29, “Reduction of Area Agencies on Aging,” Iowa Administrative Code. This amendment rescinds Chapter 29, which pertains to the reduction of the area agencies on aging. The Department was mandated, pursuant to 2012 Iowa Acts, House File 2320, to reduce the number of area agencies on aging, effective July 1, 2013. Chapter 29 was put in place to give guidance to the area agencies on aging related to the reduction. The rules in Chapter 29 terminated on July 1, 2014. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2769C on October 12, 2016. No comments were received from the public. This amendment is identical to that published under Notice. This amendment is subject to the Department’s general waiver provision. After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement 2012 Iowa Acts, House File 2320. This amendment will become effective May 3, 2017. The following amendment is adopted.
ITEM 1. Rescind and reserve 17—Chapter 29. [Filed 2/23/17, effective 5/3/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2978CAgriculture and Land Stewardship Department[21]Adopted and FiledPursuant to the authority of Iowa Code section 192.110(1), the Department of Agriculture and Land Stewardship hereby amends Chapter 68, “Dairy,” Iowa Administrative Code. This amendment adopts by reference the most recent dairy manuals for public health service requirements. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2894C on January 18, 2017. No comments were received from the public. This adopted amendment is identical to that published under Notice. After analysis and review of this rule making, no adverse impact on jobs has been found. This amendment is intended to implement Iowa Code section 192.110. This amendment will become effective April 19, 2017. The following amendment is adopted.
ITEM 2. Amend rule 21—68.13(192,194) as follows:21—68.13(192,194) Public health service requirements. 68.13(1) Certification. A rating of 90 percent or more calculated according to the rating system as contained in Public Health Service “Methods of Making Sanitation Ratings of Milk Shippers,” 20132015 Revision, shall be necessary to receive or retain a Grade A certification under Iowa Code chapter 192. That publication is hereby incorporated into this rule by this reference and made a part thereof insofar as applicable, and a copy is on file with the department. 68.13(2) Documents. The following publications of the Public Health Service of the Food and Drug Administration are hereby adopted. A copy of each is on file with the department:- “Procedures Governing the Cooperative State-Public Health Service/Food and Drug Administration Program of the National Conference on Interstate Milk Shipments,” 20132015 Revision.
- “Standards for the Fabrication of Single Service Containers and Closures for Milk and Milk Products,” as incorporated in the P.M.O., Appendix J.
- “Evaluation of Milk Laboratories,” 20112015 Revision.
Pursuant to the authority of Iowa Code section 6B.2A(1)“f,” the Attorney General hereby amends Chapter 34, “Acquisition Negotiation Statement of Rights,” Iowa Administrative Code. These amendments remove outdated references to a 1999 session law, remove a provision that implemented a statutory provision that has now been repealed, add a provision as described below, and make a clarification and editorial enhancement to one other provision. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2877C on January 4, 2017. The Iowa Farm Bureau Federation suggested the addition of a provision advising property owners of their right to seek advice from their own legal counsel and to challenge the exercise of eminent domain authority or the condemnation proceedings in court. An addition along these lines is included in the adopted amendments, with provisions renumbered as appropriate. No other comments were received from the public. Except as noted above, these amendments are identical to those published under Notice. 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 6B.2A(1)“f.” These amendments will become effective April 19, 2017. The following amendments are adopted.
ITEM 1. Amend rule 61—34.1(78GA,HF476) as follows:61—34.1(78GA,HF4766B) Statement of property owner’s rights. 1999 Iowa Acts, House File 476, section 3,Iowa Code section 6B.2A(1) mandates that an acquiring agency provide a statement of rights to owners of record who may have all or a part of their property acquired by condemnation. It also directs the attorney general to adopt rules prescribing a statement of rights which an acquiring agency may use to meet its obligation. Pursuant to that directive, the following statement of property owner’s rights is adopted: STATEMENT OF PROPERTY OWNER’S RIGHTS Just as the law grants certain entities the right to acquire private property, you as the owner of the property have certain rights. You have the right to:- Receive just compensation for the taking of property. (Iowa Constitution, Article I, section 18)
- An offer to purchase which may not be less than the lowest appraisal of the fair market value of the property. (Iowa Code section 6B.45 as amended by 1999 Iowa Acts, House File 476, section 18; Iowa Code section 6B.54 as amended by 1999 Iowa Acts, House File 476, section 206B.54(3))
- Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring agency’s determination of just compensation is based not less than ten days before being contacted by the acquiring agency’s acquisition agent. (Iowa Code section 6B.45as amended by 1999 Iowa Acts, House File 476, section 18)
- An opportunity to accompany at least one appraiser of the acquiring agency who appraises your property when an appraisal is required. (Iowa Code section 6B.546B.54(2))
- Participate in good-faith negotiations with the acquiring agency before the acquiring agency begins condemnation proceedings. (1999 Iowa Acts, House File 476, section 3Iowa Code section 6B.2B)
- Retain legal counsel of your choosing at your expense for the purpose of bringing a court action to challenge the exercise of eminent domain authority or the condemnation proceedings in accordance with the provisions of law. (Iowa Code section 6B.3A; Iowa Code section 6A.24)
- 6A determination of just compensation by an impartial compensation commission and the right to appeal its award to the district court if you cannot agree on a purchase price with the acquiring agency. (Iowa Code section 6B.4; Iowa Code section 6B.7as amended by 1999 Iowa Acts, House File 476, section 8; Iowa Code section 6B.18)
- A review by the compensation commission of the necessity for the condemnation if your property is agricultural land being condemned for industry. (1999 Iowa Acts, House File 476, section 7)
- Payment of the agreed upon purchase price or, if condemned, a deposit of the compensation commission award before you are required to surrender possession of the property. (Iowa Code section 6B.25; Iowa Code section 6B.26; Iowa Code section 6B.54(11))
- Reimbursement for expenses incidental to transferring title to the acquiring agency. (Iowa Code section 6B.33as amended by 1999 Iowa Acts, House File 476, section 15; Iowa Code section 6B.54(10))
- Reimbursement of certain litigation expenses: (a) if the award of the compensation commissioners exceeds 110 percent of the acquiring agency’s final offer before condemnation; and (b) if the award on appeal in court is more than the compensation commissioners’ award. (Iowa Code section 6B.33)
- AtTo the greatest extent practicable, be provided at least 90 days’ written notice to vacate occupied propertyprior to construction or development of a public improvement. (Iowa Code section 6B.54(4))
- Relocation services and payments, if you are eligible to receive them, and the right to appeal your eligibility for and amount of the payments. (Iowa Code section 316.9; Iowa Code section 6B.42as amended by 1999 Iowa Acts, House File 476, section 17)
Pursuant to the authority of Iowa Code sections 15.106A, 15F.104, and 15F.401, the Economic Development Authority hereby adopts new Chapter 214, “Enhance Iowa Board,” and new Chapter 215, “Sports Tourism Program,” Iowa Administrative Code. The 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 rules in Chapter 215 establish the Sports Tourism Program, add program definitions, and set forth eligibility criteria for applicants. These 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. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 2864C on December 21, 2016. These rules are identical to those published under Notice of Intended Action. The Enhance Iowa Board adopted these rules at its Board meeting on February 8, 2017, and the Economic Development Authority Board adopted these rules at its Board meeting on February 17, 2017. After analysis and review of this rule making, no impact on jobs has been found. These rules 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. These rules will become effective April 19, 2017. The following rules are adopted.
ITEM 1. Adopt the following new 261—Chapter 214: CHAPTER 214ENHANCE IOWA BOARD261—214.1(15F) Definitions. When used in this chapter, unless the context otherwise requires: "Authority" means the economic development authority created in Iowa Code section 15.105. "Board" means the enhance Iowa board as created in Iowa Code section 15F.102.261—214.2(15F) Enhance Iowa board. 214.2(1) Composition. a. The board is composed of 11 voting members appointed by the governor. These 11 members include 2 members from each of the four United States congressional districts in the state and 3 members selected at large. In addition, the appointed members represent certain industry sectors and have certain business expertise as described in Iowa Code section 15F.102(3). b. The board also includes 4 ex officio, nonvoting legislative members as described in Iowa Code section 15F.102(4). 214.2(2) Terms. Members of the board are appointed for staggered terms of two years beginning and ending as provided in Iowa Code section 69.19. A person appointed to fill a vacancy serves only for the unexpired portion of the term. A member is eligible for reappointment. 214.2(3) Quorum and voting requirements. A majority of the total voting membership of the board constitutes a quorum. The affirmative vote of a majority of the quorum is necessary for any action taken by the board members. 214.2(4) Board officers. The governor designates the chairperson and vice chairperson of the board from the members appointed pursuant to Iowa Code section 15F.102(2). In the case of absence or disability of the chairperson and vice chairperson, the members of the board shall elect a temporary chairperson by a majority vote of those members who are present and voting. 214.2(5) Duties. The board shall do all of the following: a. Organize. b. Oversee the administration of the following programs: (1) Community attraction and tourism; (2) Sports tourism; (3) River enhancement community attraction and tourism; and (4) Vision Iowa. c. Review baseball and softball complex sales tax rebate applications and make awards. 214.2(6) Committees. Each voting member of the board shall serve on at least one of three review committees for the following programs: community attraction and tourism, river enhancement community attraction and tourism, and sports tourism.261—214.3(15F) Authority duties. 214.3(1) The authority, subject to approval by the board, shall adopt administrative rules pursuant to Iowa Code chapter 17A necessary to administer the programs established pursuant to Iowa Code chapter 15F. 214.3(2) The authority shall provide the board with assistance in implementing administrative functions, marketing the programs, providing technical assistance and application assistance to applicants under the programs, negotiating contracts, and providing project follow-up. 214.3(3) The authority may conduct negotiations on behalf of the board with applicants regarding terms and conditions applicable to awards under the programs. These rules are intended to implement Iowa Code sections 15F.101 to 15F.107. ITEM 2. Adopt the following new 261—Chapter 215: CHAPTER 215SPORTS TOURISM PROGRAM261—215.1(15F) Definitions. When used in this chapter, unless the context otherwise requires: "Accredited colleges and universities" means any college, university, or institution of higher learning that is accredited by The Higher Learning Commission or any other college, university, or institution of higher learning that is accredited by an accrediting agency that is recognized by the U.S. Department of Education. "Authority" means the economic development authority created in Iowa Code section 15.105. "Board" means the enhance Iowa board as created in Iowa Code section 15F.102. "Convention and visitors bureau" or “CVB” means an organization engaged primarily in the marketing and promotion of a local community or communities to businesses and to leisure travelers interested in the area’s facilities. Such organizations are typically engaged in a wide range of activities including but not limited to assisting businesses and leisure travelers in identifying meeting locations and convention sites; providing maps and other travel information; providing information on local attractions, lodging, and restaurants; and organizing tours of local historical, recreational, and cultural attractions. "District" means a regional sports authority district certified under Iowa Code section 15E.321. "Financial assistance" means assistance provided only from the funds available to the authority or the board and includes assistance in the form of grants, loans, and forgivable loans. "Infrastructure" means equipment, appurtenant structures, or site development that is related to the operation of a sporting event that is the subject of the project. "Marketing" means planning for or implementing efforts to publicize a sporting event using a range of strategies, tools and tactics. "Organization" means a corporation, conference, association, or other organization which has as one of its primary purposes the sponsoring or administration of extracurricular intercollegiate athletic contests or competitions. "Promote" means to undertake specific identifiable actions that encourage greater awareness of and attendance at a sporting event. This includes the planning, organizing, advertising, marketing, managing, hosting, and sponsoring of a sporting event. "Public organization" means a not-for-profit economic development organization or other not-for-profit organization including one that sponsors or supports sporting events. "Sporting event" means an athletic activity requiring skill or physical prowess, usually competitive in nature and governed by a set of rules provided by a nationally recognized sanctioning body. A sporting event typically includes the placing of competitors into a fixed order of finish, depending upon their respective athletic performance within the rules provided for that activity. "Sports tourism program review committee" "review committee" means the committee established by Iowa Code section 15F.402(2) and shall consist of members of the board, with one member from each congressional district under Iowa Code section 15F.102(2)“a” and one member from the state at large under Iowa Code section 15F.102(2)“b.”261—215.2(15F) Eligible applicants. Eligible applicants for sports tourism financial assistance include cities or counties in the state or public organizations, including convention and visitors bureaus.261—215.3(15F) Eligible projects. Eligible projects must actively and directly promote sporting events for accredited colleges and universities and other sporting events in the area served by an eligible applicant as defined in rule 261—215.2(15F). 215.3(1) An eligible applicant may apply for and receive financial assistance for more than one project. 215.3(2) An eligible applicant may apply for financial assistance for a project that spans multiple fiscal years. 215.3(3) An eligible applicant may apply for renewal of financial assistance awarded in a prior year if all applicable contractual requirements are met. The decision as to whether to renew an award shall be at the discretion of the board. When considering whether to renew an award, the board shall evaluate metrics including the amount of revenue generated by ticket sales, the estimated economic impact, and the number of overnight stays at hotels in the city or county where the sporting event is being held. For example, economic impact may be calculated as total estimated attendance multiplied by daily attendee spending multiplied by average length of stay. If an eligible applicant wishes to supply an alternative formula for calculating economic impact, the applicant must supply a credible source for using an alternative formula. The authority may include such metrics and estimates in a program agreement executed pursuant to Iowa Code section 15F.401. 215.3(4) A convention and visitors bureau shall not in the same year receive financial assistance under the program created in this chapter and financial assistance as part of a district created pursuant to 261—Chapter 38. 215.3(5) An eligible applicant shall demonstrate matching funds in order to receive financial assistance pursuant to this rule. The amount of matching funds that may be required shall be at the board’s discretion. 215.3(6) A city, county, or public organization may use financial assistance received under the program for marketing, promotions, and infrastructure. Whether an activity or individual cost item is directly related to the promotion of the sporting event shall be within the discretion of the authority. 215.3(7) A city, county, or public organization shall not use financial assistance received under the program as reimbursement for completed projects.261—215.4(15F) Threshold application requirements. To be considered for funding under the sports tourism program, an application must meet the following threshold application requirements: 215.4(1) There must be demonstrated local support for the proposed activity. 215.4(2) A detailed description of the project, outlining the sporting event and the plan for promoting it. 215.4(3) The proposed project budget must be spent on marketing, promotions, or infrastructure expenses directly related to the promotion of the sporting event. 215.4(4) Detailed information and projections sufficient to enable the authority to accurately assess the economic impact of the sporting event described in the application. Such information shall include the estimated number of spectators and estimated quality and quantity of advertising and media coverage the sporting event will generate. If the applicant has previously held substantially similar events, the information shall include actual attendance figures from past events and a summary of the advertising and media coverage generated.261—215.5(15F) Application process. 215.5(1) Applications for assistance under the sports tourism program shall be submitted to the authority. For those applications that meet the threshold application requirements and the eligibility criteria, the authority shall forward the applications to the board and provide a staff review analysis and evaluation to the sports tourism program review committee and to the board. 215.5(2) All applications to the authority for financial assistance shall be made at least 90 days prior to a sporting event’s scheduled date. 215.5(3) When reviewing the applications, the review committee and the authority shall consider, at a minimum, all of the following: a. Impact of the project on the local, regional, and state economies. b. Potential to attract Iowans and out-of-state visitors. c. Amount of positive advertising or media coverage the project generates. d. Quality, size, and scope of the project. e. Ratio of public-to-private investment. 215.5(4) Upon review of the recommendations of the review committee, the board shall make final funding decisions on each application. The board may approve, defer, deny, or modify applications for financial assistance under the program, in its discretion, in order to fund as many projects with the moneys available as possible. The board and the authority may negotiate with applicants regarding the details of projects and the amount and terms of any award. In making final funding decisions pursuant to this subrule, the board and the authority are exempt from Iowa Code chapter 17A.261—215.6(15F) Administration. 215.6(1) Administration of awards. a. Each applicant receiving an award of financial assistance from the board shall enter into an agreement with the authority. The agreement shall contain such terms and conditions as the board may place on the award or the authority may deem necessary for the efficient administration of the program established in this chapter. Awards may be conditioned upon commitment of other sources of funds necessary to complete the project. The agreement will also include the terms and conditions under which financial assistance must be repaid or penalties incurred in the event the applicant does not fulfill all obligations under the agreement. b. These rules and applicable state laws shall be part of the agreement. c. The applicant must execute and return the contract to the board within 45 days of the transmittal of the final contract from the board. Failure to do so may be cause for the board to terminate the award. d. Awards may be conditioned upon commitment of other sources of funds necessary to complete the project. e. Awards may be conditioned upon authority receipt and board approval of an implementation plan for the funded project. 215.6(2) Reports. An applicant receiving financial assistance shall provide an annual report to the authority for years in which it receives financial assistance under this rule. The report shall include the information the authority deems relevant. The report shall be submitted in the manner and on forms prescribed by the authority. The authority may perform any reviews or site visits necessary to ensure performance by the applicant. 215.6(3) Requests for funds. Recipients shall submit requests for funds in the manner and on forms prescribed by the authority. Individual requests for funds shall be made in an amount equal to or greater than $500 per request, except for the final draw of funds. 215.6(4) Record keeping and retention. The recipient shall retain all financial records, supporting documents and all other records pertinent to the sports tourism award for three years after contract closeout. Representatives of the authority shall have access to all recipient records that pertain to sports tourism funds. 215.6(5) Amendments to contracts. Any substantive change to a contract shall be considered an amendment. Substantive changes include time extensions, budget revisions and significant alteration of the funded project that change the scope, location, objectives or scale of the approved project. Amendments must be approved by the enhance Iowa board. 215.6(6) Project closeout. Upon expiration of the agreement, the authority shall initiate project closeout procedures. 215.6(7) Compliance. If the board finds that an applicant is not in compliance with the requirements of this program or the terms and conditions of the agreement, the board may find the applicant noncompliant. Remedies for noncompliance may include penalties up to and including the return of program funds to the board. Reasons for a finding of noncompliance include but are not limited to the applicant’s use of funds for activities not described in the contract, the applicant’s failure to complete funded projects in a timely manner, the applicant’s failure to comply with applicable state or local rules, or the lack of a continuing capacity of the applicant to carry out the approved project in a timely manner. These rules are intended to implement Iowa Code sections 15F.401 and 15F.402. [Filed 2/20/17, effective 4/19/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2981CIowa Public Employees’ Retirement System[495]Adopted and FiledPursuant to the authority of Iowa Code sections 97B.4 and 97B.15, the Iowa Public Employees’ Retirement System (IPERS) hereby amends Chapter 1, “Organization,” Chapter 2, “Investment Board,” Chapter 3, “Benefits Advisory Committee,” Chapter 4, “Employers,” Chapter 5, “Employees,” Chapter 6, “Covered Wages,” Chapter 10, “Interest on Accumulated Contributions,” Chapter 11, “Application for, Modification of, and Termination of Benefits,” Chapter 12, “Calculation of Monthly Retirement Benefits,” Chapter 14, “Death Benefits and Beneficiaries,” Chapter 19, “Declaratory Orders,” Chapter 20, “Recognition of Agents,” Chapter 31, “Agency Procedure for Rule Making,” and Chapter 33, “Uniform Rules for Waivers,” Iowa Administrative Code. These amendments conform rules with other rules and statutes or rescind rules that are outdated, redundant or inconsistent, or no longer in effect to meet the requirements of the statutorily required five-year review of rules (Chapters 3 and 31 reflect the most substantive changes with this review, to better conform with the controlling statutes and IPERS’ practice and procedures); implement contribution rates for regular and special service members beginning July 1, 2017; add, pursuant to legislation in 2016, two new protection occupations to the list in the rule defining such occupations; clarify student coverage and noncoverage and that student loan repayments are not IPERS-covered wages; amend a rule regarding spousal signature so that a member may submit updated beneficiary designations electronically, absent written signature if the member’s spouse is the sole primary beneficiary; clarify the rules regarding revocation of representative agents; clarify proof-of-birth documentation that is needed at the time a member applies for retirement benefits; and clarify what members are required to file with IPERS when they are past 70.5 years of age and have already begun receiving benefits while still employed and are now retiring. Notice of Intended Action was published in the Iowa Administrative Bulletin on January 18, 2017, as ARC 2892C. A public hearing was held on February 7, 2017, at 9 a.m. at IPERS, 7401 Register Drive, Des Moines, Iowa. No one attended the public hearing, and no written comments were received. These amendments are identical to those published under Notice. There are no waiver provisions included in the amendments. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapter 97B. These amendments will become effective April 19, 2017. The following amendments are adopted.
ITEM 1. Amend rule 495—1.1(97B) as follows:495—1.1(97B) Organization. The agency shall administer the retirement system created by Iowa Code chapter 97B. Specific powers and duties of the agency, CEO, board, committee, and agency staff are set forth in Iowa Code chapter 97B and these administrative rules.Operational units within the agency shall develop and administer policies and procedures governing retirement system programs, including accounting functions for the collection of funds from employers and employee members; disbursement of retirement benefits, death benefits, lump sum payments, and disability retirement benefits; training to employers and subsequent review of employer records for compliance with Iowa Code chapter 97B, rules and policies; legal counsel to IPERS staff and members regarding eligibility for disbursement of benefits and other legal matters; preparation and release of informational newsletters and the annual report; and investment of funds contributed to the retirement system by employers and employee members. The retirement system is also the state administrator to the federal Social Security Administration. ITEM 2. Amend rule 495—1.2(97B), definitions of “Agency” and “System,” as follows: "Agency" means the Iowa Public Employees’ Retirement Systempublic employees’ retirement system (IPERS) created as an independent agency within the executive branch of state government to administer Iowa Code chapter 97B. "System" means the retirement planIowa public employees’ retirement system created pursuant to Iowa Code chapter 97B. ITEM 3. Amend rule 495—2.1(97B) as follows:495—2.1(97B) Investment board. The principal place of business of the board is IPERS’ headquarters, 7401 Register Drive, Des Moines, Iowa.- Effective July 1, 2002, the board shall be the trustee of the retirement fund. The board shall meet annually, and may meet more often, to review its investment policies.
- At the first meeting in each fiscal year, the voting members shall elect a chair and vice chair. Future meeting dates for the year shall also be decided at the first meeting. Advance notice of time, date, tentative agenda, and place of each meeting shall be given in compliance with Iowa Code chapter 21. All meetings of the board are open to the public and shall be held in accordance with Robert’s Rules of Order,Newly Revised Edition.
- Parties wishing to present items for the agenda of the next meeting shall file a written request with the board chair at least five business days prior to the meeting. The board may take up matters not included on its agenda.
- Four members eligible to vote shall constitute a quorum. A simple majority vote of the full voting membership shall be the vote of the board.
- Members of the board shall file financial statements pursuant to Iowa Code section 68B.35(2)“e.”
- In the event that it should become necessary to fill the chief investment officer position, the board may consult with, and make hiring recommendations to, the chief executive officer that are consistent with the requirements of Iowa Code chapter 8A, subchapter IV.
- The board shall set the salary of the CEO pursuant to Iowa Code section 97B.3.
- The board shall participate in the annual performance evaluation of the chief investment officer.
Pursuant to the authority of Iowa Code section 262.9(3), the Board of Regents hereby amends Chapter 1, “Admission Rules Common to the Three State Universities,” Iowa Administrative Code. This amendment revises rule 681—1.7(262) to permit the University of Iowa to establish a new $250 application fee for the Iowa dental advanced standing program (international DDS student). Notice of Intended Action was published in the November 23, 2016, Iowa Administrative Bulletin as ARC 2818C. A comment period was established. No public comments were received. This amendment is identical to that published under Notice of Intended Action. The Board of Regents adopted this amendment on February 23, 2017. A waiver provision is not included. The Board has adopted a uniform waiver rule, which may be found at 681—19.18(17A). After analysis and review of this rule making, no impact on jobs has been found. This amendment is intended to implement Iowa Code section 262.9(3). This amendment will become effective on April 19, 2017. The following amendment is adopted.
ITEM 1. Amend rule 681—1.7(262) as follows:681—1.7(262) Application fees. Application fees required for admission to the University of Iowa, Iowa State University and the University of Northern Iowa are as follows:University of Iowa Undergraduate domestic student and nondegree student$40 Undergraduate international student$85 Graduate/professional domestic student$60 Graduate/professional international student$100 PharmD student$100 Reentry fee$20 Iowa dental advanced standing program (international DDS student)$250Iowa State University Undergraduate domestic student and nondegree student$40 Undergraduate international student$50 Graduate/professional domestic student$60 Graduate/professional international student$100 Veterinary Medicine$75University of Northern Iowa Undergraduate domestic student and nondegree student$40 Undergraduate international student$50 Graduate/professional domestic student$60 Graduate/professional international student$75 Reentry fee$20 This rule is intended to implement Iowa Code section 262.9(3). [Filed 2/23/17, effective 4/19/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2983CTransportation Department[761]Adopted and FiledPursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on February 22, 2017, adopted amendments to Chapter 28, “Iowa Transportation Map,” Iowa Administrative Code. Notice of Intended Action for these amendments was published in the January 18, 2017, Iowa Administrative Bulletin as ARC 2906C. These amendments update the responsible office, identify the Web site and offices where the Iowa Transportation Map is available, make editorial corrections, and state that the paper version and the electronic version of the map may not be altered for distribution in any way. 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. These amendments are identical to those published under Notice of Intended Action. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 307.12 and 307.14. These amendments will become effective April 19, 2017. The following amendments are adopted.
ITEM 1. Amend rule 761—28.1(307) as follows:761—28.1(307) Definition. "Iowa transportation mapTransportation Map" is the multicolored official map that is produced by the department to provide the motoring public with basic information on the location of cities and the highways connecting them. ITEM 2. Amend rule 761—28.2(307) as follows:761—28.2(307) Information. Information regarding themap use, content and productionof the Iowa transportation map may be obtained from:the Office of Media and Marketing ServicesSystems Planning, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)239-1922239-1664. ITEM 3. Amend rule 761—28.3(307) as follows:761—28.3(307) Policy. The Iowa transportation mapTransportation Map is to be distributed to the public without chargeat department offices, at rest areas and on the department’s Web site at www.iowadot.gov. The map is not to be sold or used for purposes of personal or professional gain. The paper versionor the electronic version of the map is not to be altered for distribution in any way, including adding a name or address of an individual, business or organization.- This policy applies to but is not limited to candidates running for political office.
- It is not a violation of this policy for the pictures of the governor and lieutenant governor and a personal message to appear on the map.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 364.24, the Iowa Department of Transportation, on February 15, 2017, adopted amendments to Chapter 143, “Traffic Signal Synchronization,” Iowa Administrative Code. Notice of Intended Action for these amendments was published in the December 21, 2016, Iowa Administrative Bulletin as ARC 2863C. The 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. These amendments are identical to those published under Notice of Intended Action. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code section 364.24. These amendments will become effective April 19, 2017. The following amendments are adopted.
ITEM 1. Amend rule 761—143.1(364), definition of “Traffic signal system,” as follows: "Traffic signal system" means two or more traffic signals operating in a coordinated manner. Types of coordinated systems:- “Adaptive signal control system” means a system in which traffic signals across a signal network are coordinated by adjusting the lengths of signal phases based on prevailing traffic conditions.
- 1“Computerized system” means a system in which controllers are supervised by a computer.
- 2“Interconnected master-controlled system” means a system in which local controllers are supervised by a master controller through a communications link (wire/radio). The master establishes a base line condition; the local then operates its intersection in a predetermined relationship with the base line.
- 3 “Noninterconnected system” means a system in which timing relationships between individual local controllers are coordinated by manual settings, without physical interconnection between the controllers.
- 4“Time-based coordinated system” means a noninterconnected system in which the local controllers use a very accurate programmable digital timing and control device (time-based coordinator) to maintain coordination.
- 5“Traffic responsive system” means a system in which a master controller specifies cycle timings based on the real time demands of traffic as sensed by vehicle detectors.
Pursuant to the authority of Iowa Code sections 307.12 and 307A.2, the Iowa Department of Transportation, on February 22, 2017, adopted amendments to Chapter 400, “Vehicle Registration and Certificate of Title,” Chapter 401, “Special Registration Plates,” Chapter 425, “Motor Vehicle and Travel Trailer Dealers, Manufacturers, Distributors and Wholesalers,” Chapter 602, “Classes of Driver’s Licenses,” and Chapter 604, “License Examination,” Iowa Administrative Code. Notice of Intended Action for these amendments was published in the January 18, 2017, Iowa Administrative Bulletin as ARC 2908C. The Department is amending Chapters 400, 401, 425, 602 and 604 to comply with 2016 Iowa Acts, House File 2437, which amended Iowa Code chapter 321 to designate certain three-wheeled motor vehicles as autocycles and to align the rules to conform with Department practices. House File 2437 defined an autocycle as a three-wheeled motor vehicle that is originally designed with the following: two front wheels and one rear wheel; a steering wheel rather than handlebars; no more than two permanent seats that do not require the operator or a passenger to straddle or sit astride the vehicle; and foot pedals that control the brakes, acceleration and clutch, where applicable. Although these types of vehicles have been constructed to the federal motor vehicle safety regulations that apply to motorcycles, these vehicles do not fit the traditional legal definition of motorcycle, do not require motorcycle skills to drive because they are constructed to drive like passenger vehicles and do not require the dynamic riding skills that accompany handlebars and saddle-style seats. The amendments to Chapter 400:
Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.188, 321.449 and 321.450, the Iowa Department of Transportation, on February 15, 2017, adopted amendments to Chapter 520, “Regulations Applicable to Carriers,” Chapter 529, “For-Hire Interstate Motor Carrier Authority,” and Chapter 607, “Commercial Driver Licensing,” Iowa Administrative Code. Notice of Intended Action for these amendments was published in the January 4, 2017, Iowa Administrative Bulletin as ARC 2878C. Iowa Code section 321.188 requires the Department to adopt rules to administer commercial driver’s licenses in compliance with certain portions of 49 Code of Federal Regulations (CFR) Part 383. Iowa Code section 321.449 requires the Department to adopt rules consistent with the Federal Motor Carrier Safety Regulations (FMCSR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 385 and 390 to 399. Iowa Code section 321.450 requires the Department to adopt rules consistent with the Federal Hazardous Materials Regulations (HMR) promulgated under United States Code, Title 49, and found in 49 CFR Parts 107, 171 to 173, 177, 178 and 180. Commercial vehicles transporting goods in interstate commerce are subject to the FMCSR on the effective dates specified in the Federal Register (FR). Commercial vehicles transporting hazardous materials in interstate commerce or transporting certain hazardous materials intrastate are subject to the HMR on the effective dates specified in the FR. The adoption of the federal regulations by the Department will extend the enforcement of the regulations to commercial vehicles operated intrastate unless exempted by statute. The amendments to Chapter 520 adopt the current CFR dated October 1, 2016, for 49 CFR Parts 107, 171, 172, 173, 177, 178, 180, 385 and 390 to 399. The amendment to Chapter 529 adopts the current CFR dated October 1, 2016, for 49 CFR Parts 365 to 368 and 370 to 379. The amendment to Chapter 607 adopts the current CFR dated October 1, 2016, for certain portions of 49 CFR Part 383. Proposed federal regulations are published in the FR to allow a period for public comment, and after adoption, the final regulations are published in the FR. To ensure the consistency required by statute, the Department adopts the specified parts of 49 CFR as adopted by the United States Department of Transportation. No changes within 761—Chapter 607 to 49 CFR Section 383.51 and 49 CFR Subparts E, G and H of Part 383 have occurred since the adoption of the October 1, 2015, CFR. The amendments to the FMCSR and the HMR that have become final and effective since the 2015 edition of the CFR are listed below and affect 761—Chapters 520 and 529. The parts affected are followed by FR citations. Amendments to the FMCSR and Federal HMR Parts 365-366, 368, 385, 390 and 392 (FR Vol. 80, No. 203, Pages 63695-63714, 10-21-15) This final rule delays the effective and compliance dates for Federal Motor Carrier Safety Administration’s (FMCSA) August 23, 2013, Unified Registration System (URS) final rule. Because FMCSA changes the effective date (the actual date when the regulatory text that appears in the CFR will be changed) and makes technical corrections and conforming amendments to the 2013 regulatory text, FMCSA determined that it is in the best interest of the regulated entities, state partners and the general public to present the full text of the sections affected. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, intermodal equipment providers, hazardous materials safety permit applicants and cargo tank facilities required to register with FMCSA, and streamline the existing federal registration processes to ensure FMCSA can more efficiently track these entities. This final rule delays the implementation of the 2013 final rule in order to allow FMCSA additional time to complete the information technology systems work required to fully implement that rule. Effective date: September 30, 2016, except for sections 365.T106, 368.T3 and 390.T200, which are effective from December 12, 2015, through September 29, 2016. Compliance date: September 30, 2016, except that new applicants must comply with sections 365.T106, 368.T3 or 390.T200 (as applicable) from December 12, 2015, through September 29, 2016. Parts 171-173, 177-178 and 180 (FR Vol. 80, No. 225, Pages 72914-72929, 11-23-15) This final rule amends the Pipeline and Hazardous Materials Safety Administration (PHMSA) HMRs to correct editorial errors, make minor regulatory changes and, in response to requests for clarification, improve the clarity of certain provisions. The intended effect of this rule is to enhance the accuracy and reduce misunderstandings of the regulations. The amendments contained in this rule are nonsubstantive changes and do not impose new requirements. Effective date: December 23, 2015. Part 390 (FR Vol. 80, No. 229, Pages 74695-74710, 11-30-15) This final rule adopts FMCSA regulations that prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles (CMVs) in violation of certain provisions of the FMCSRs. These provisions include drivers’ hours-of-service limits, the commercial driver’s license (CDL) regulations, drug and alcohol testing rules, and the HMRs. In addition, the rule prohibits anyone who operates a CMV in interstate commerce from coercing a driver to violate the commercial regulations. This rule includes procedures for drivers to report incidents of coercion to FMCSA, establishes rules of practice that FMCSA will follow in response to reports of coercion, and describes penalties that may be imposed on entities found to have coerced drivers. This rule making is authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984, as amended. Effective date: January 29, 2016. Parts 385, 390 and 395 (FR Vol. 80, No. 241, Pages 78291-78416, 12-16-15) This final rule amends the FMCSA’s regulations to establish minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs), requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status, requirements concerning HOS supporting documents, and measures to address concerns about harassment resulting from the mandatory use of ELDs. The requirements for ELDs will improve compliance with the HOS rules. Effective date: February 16, 2016. Compliance date: December 18, 2017. Parts 171-173 and 177 (FR Vol. 80, No. 244, Pages 79423-79453, 12-21-15) This final rule amends PHMSA’s HMRs by establishing standards for the safe transportation of explosives on cargo tank motor vehicles and multipurpose bulk trucks transporting materials for blasting operations. This rule making is responsive to two petitions for rule making submitted by industry representatives: P-1557, concerning the continued use of renewal applications, and P-1583, concerning the incorporation of an industry standard publication. Further, developing these requirements provides wider access to the regulatory flexibility currently only offered by special permits and competent authorities. The requirements of this final rule mirror the majority of provisions contained in nine widely used, long-standing special permits that have established safety records. These requirements eliminate the need for future renewal requests, thus reducing paperwork burdens and facilitating commerce while maintaining a commensurate level of safety. This final rule authorizes the transportation of certain explosives, ammonium nitrates, ammonium nitrate emulsions, and other specific hazardous materials in both nonbulk and bulk packaging, which are not otherwise authorized under current regulations. These hazardous materials are used in blasting operations on cargo tank motor vehicles and specialized vehicles, known as multipurpose bulk trucks, which are used as mobile work platforms to create blends of explosives that are unique to each blast site. Finally, this rule making addresses the construction of new multipurpose bulk trucks. Effective date: January 20, 2016. Parts 107, 171-173, 177, 178 and 180 (FR Vol. 81, No. 13, Pages 3635-3686, 1-21-16) This final rule amends PHMSA HMRs required by MAP-21 to adopt provisions contained in certain widely used or long-standing special permits that have an established safety record. The adopted amendments are intended to provide wider access to the regulatory flexibility offered in special permits and eliminate the need for numerous renewal requests. The adopted amendments will also reduce paperwork burdens and facilitate commerce while maintaining an appropriate level of safety. PHMSA conducted an extensive analysis of all active special permits and codified, as appropriate, those special permits deemed suitable in this rule making. Effective date: February 22, 2016. Voluntary compliance date: beginning February 22, 2016. Delayed compliance date: January 23, 2017. Part 390 (FR Vol. 81, No. 51, Pages 13998-14000, 3-16-16) This final rule extends the compliance date by which motor carriers of passengers operating CMVs under a lease or interchange agreement are subject to the FMCSA final rule published May 27, 2015, for one year, to January 1, 2018. FMCSA received numerous petitions for reconsideration of the final rule and, based upon a review of the petitions, determined that the compliance date should be extended to provide sufficient time to address the issues raised by the petitioners. FMCSA is adding a temporary section to its regulations to inform the public of this extension. There will no longer be a need for the section on the compliance date after January 1, 2018; thus, the temporary section will be in effect only from March 16, 2016, through January 1, 2018. Effective date: March 16, 2016, until January 1, 2018. Compliance date: January 1, 2018. Parts 171 and 173 (FR Vol. 81, No. 62, Pages 18527-18541, 3-31-16) This final rule adopts PHMSA regulatory amendments applicable to the reverse logistics shipments of certain hazardous materials by highway transportation. This final rule revises the HMRs to include a definition of “reverse logistics” and provides appropriate provisions for hazardous materials within the scope of this definition. This final rule also expands a previously existing exception for return shipments of used automobile batteries transported between a retail facility and a recycling center. PHMSA incorporated recommendations from petitions for rule making and public comment into this rule making. Effective date: March 31, 2016. Parts 171, 173 and 178 (FR Vol. 81, No. 83, Pages 25613-25618, 4-29-16) This PHMSA direct final rule incorporates by reference the most recent editions of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code. The purpose of this update is to enable nonspecification (nurse tank) manufacturers and other DOT and United Nations specification packaging manufacturers to utilize current technology, materials, and practices to help maintain a high level of safety. PHMSA is replacing the ASME referenced standard (1998 Edition) with the new, current ASME standard (2015 Edition) for boiler and pressure vessels. PHMSA is also replacing the ASME 1998 Edition referenced standard of ASME’s Transportation Systems for Liquids and Slurries: Pressure Piping to the current 2012 Edition. Effective date: June 28, 2016. Parts 107, 171-173, 177-178 and 180 (FR Vol. 81, No. 106, Pages 35483-35546, 6-02-16) This final rule amends PHMSA’s HMRs to make miscellaneous amendments in order to update and clarify certain regulatory requirements. These amendments are designed to promote safer transportation practices, address petitions for rule making, respond to National Transportation Safety Board (NTSB) safety recommendations, facilitate international commerce, make editorial corrections, and simplify the regulations. The amendments in this rule making include, but are not limited to, removing the packing group II designation for certain organic peroxides, self-reactive substances, and explosives; incorporating requirements for trailers of manifolded acetylene cylinders; providing requirements to allow for shipments of damaged wet electric batteries; and revising the requirements for the packaging of nitric acid, testing of pressure relief devices on cargo tanks, and shipments of black or smokeless powder for small arms. Effective date: July 5, 2016. Part 392 (FR Vol. 81, No. 109, Pages 36474-36479, 6-07-16) This final rule revises FMCSA’s regulations by requiring passengers in property-carrying CMVs to use the seat belt assembly whenever the vehicles are operated on public roads in interstate commerce. This rule holds motor carriers and drivers responsible for ensuring that passengers riding in the property-carrying CMV are using the seat belts required by the Federal Motor Carrier Safety Standards. Effective date: August 8, 2016. Part 385 (FR Vol. 81, No. 117, Pages 39587-39590, 6-17-16) This final rule amends FMCSA’s hazardous materials safety permit rules to update the current incorporation by reference of the Commercial Vehicle Safety Alliance’s “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.” Currently, the rules reference the April 1, 2015, edition of the out-of-service criteria, and through this final rule, FMCSA incorporates the April 1, 2016, edition. Effective date: June 17, 2016. Part 392 (FR Vol. 81, No. 129, Page 43957, 7-06-16) This final rule corrects an error in FMCSA’s June 7, 2016, final rule “Driving of Commercial Motor Vehicles: Use of Seat Belts.” The amendatory language in the final rule inadvertently limited the applicability of the requirement for drivers to use their seat belts to operators of property-carrying vehicles. This correction fixes the error such that drivers of passenger-carrying vehicles will continue to be required to wear their seat belts. Effective date: August 8, 2016. Parts 365, 390-393 and 395-396 (FR Vol. 81, No. 141, Pages 47714-47722, 7-22-16) This final rule adopts, as final, certain FMCSA regulations required by the Fixing America’s Surface Transportation Act (FAST Act) enacted on December 4, 2015. The statutory changes went into effect on October 1, 2015, retroactively, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rule making and receiving public comment, in accordance with the good cause exception available to federal agencies under the Administrative Procedure Act. Effective date: July 22, 2016. Parts 393 and 396 and Appendix G (FR Vol. 81, No. 141, Pages 47722-47732, 7-22-16) This final rule amends FMCSA’s regulations in response to several petitions for rule making from Commercial Vehicle Safety Alliance and the American Trucking Associations and two safety recommendations from NTSB. Specifically, FMCSA adds a definition of “major tread groove” and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove; revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present; amends the regulations regarding tires to prohibit the operation of a vehicle with speed-restricted tires at speeds that exceed the rated limit of the tire; provides specific requirements regarding when violations or defects noted on an inspection report must be corrected; amends two appendices to the FMCSRs to include provisions for the inspection of antilock braking systems and automatic brake adjusters, speed-restricted tires, and motor coach passenger seat mounting anchorages; amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation-free roadside inspection; and amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules. In addition, FMCSA eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA’s periodic inspection criteria is unnecessary. Effective date: July 22, 2016. Parts 365-366, 368, 385, 390 and 392 (FR Vol. 81, No. 145, Pages 49553-49555, 7-28-16) This final rule is correcting the effective and compliance dates for FMCSA’s August 23, 2013, URS final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, intermodal equipment providers, hazardous material safety permit applicants, and cargo tank facilities required to register with FMCSA and streamline the existing federal registration processes to ensure FMCSA can more efficiently track these entities. The October 21, 2015, final rule made slight revisions to the 2013 rule and delayed the effective dates of that rule. This final rule corrects the effective and compliance dates, revised in 2015, and corrects regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology systems work. Effective date: July 28, 2016. Part 393, Appendix G (FR Vol. 81, No. 171, Pages 60633-60634, 9-02-16) This final rule makes corrections to a final rule published in the Federal Register on July 22, 2016, regarding amendments to the FMCSRs in response to several petitions for rule making and NTSB recommendations. FMCSA makes several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems. Effective date: September 2, 2016. Part 393 (FR Vol. 81, No. 185, Pages 65568-65574, 9-23-16) This final rule amends FMCSA’s regulations to allow the voluntary mounting of certain devices on the interior of the windshields of CMVs, including placement within the area that is swept by the windshield wipers. Section 5301 of the FAST Act directs FMCSA to amend the FMCSRs to allow devices to be mounted on the windshield that utilize “vehicle safety technology,” as defined in the Act. In addition, Section 5301 states that all windshield-mounted devices/technologies with a limited two-year exemption in effect on the date of enactment shall be considered to meet the equivalent-or-greater safety standard required for the initial exemption. Promulgation of this final rule is a nondiscretionary, ministerial action that does not require prior notice and public comment under the Administrative Procedure Act. Effective date: October 24, 2016. Various portions of the federal regulations and Iowa statutes allow some exceptions when the exceptions will not adversely impact the safe transportation of commodities on the Nation’s highways. Granting additional exceptions for drivers and the motor carrier industry in Iowa would adversely impact the safety of the traveling public in Iowa. 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. These amendments are identical to those published under Notice of Intended Action. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 321.188, 321.449, 321.450 and 327B.1. These amendments will become effective April 19, 2017. The following amendments are adopted.
ITEM 1. Amend paragraph 520.1(1)"a" as follows: a. Motor carrier safety regulations.The Iowa department of transportation adopts the Federal Motor Carrier Safety Regulations, 49 CFR Parts 385 and 390-399 (October 1, 20152016). ITEM 2. Amend paragraph 520.1(1)"b" as follows: b. Hazardous materials regulations.The Iowa department of transportation adopts the Federal Hazardous Materials Regulations, 49 CFR Parts 107, 171-173, 177, 178, and 180 (October 1, 20152016). ITEM 3. Amend rule 761—529.1(327B) as follows:761—529.1(327B) Motor carrier regulations. The Iowa department of transportation adopts the Code of Federal Regulations, 49 CFR Parts 365-368 and 370-379, dated October 1, 20112016, for regulating interstate for-hire carriers.Copies of this publication are available from the state law library or through the Internet at http://www.fmcsa.dot.gov. ITEM 4. Amend paragraph 607.10(1)"c" as follows: c. The following portions of 49 CFR Part 383 (October 1, 20152016): (1) Section 383.51, Disqualification of drivers. (2) Subpart E—Testing and Licensing Procedures. (3) Subpart G—Required Knowledge and Skills. (4) Subpart H—Tests. [Filed 2/15/17, effective 4/19/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.ARC 2987CTransportation Department[761]Adopted and FiledPursuant to the authority of Iowa Code sections 307.12, 307A.2 and 321N.2(8), the Iowa Department of Transportation, on February 22, 2017, adopted new Chapter 540, “Transportation Network Companies,” Iowa Administrative Code. Notice of Intended Action for these rules was published in the January 18, 2017, Iowa Administrative Bulletin as ARC 2907C. This rule making implements the Department’s rights and responsibilities afforded to it under Iowa Code chapter 321N in order to regulate transportation network companies and assist in ensuring the safety and security of the public at large. A transportation network company (TNC) is an entity that uses a digital network to connect TNC riders to TNC drivers who provide prearranged rides. The Department exclusively controls, supervises, and regulates TNCs, TNC drivers, and personal vehicles used by TNC drivers. A TNC is prohibited from operating in Iowa without a permit issued by the Department. To obtain a permit, a TNC must submit an application to the Department containing specific identification information, a $5,000 application fee, a signed statement agreeing to comply with the requirements of Iowa Code chapter 321N, and proof of all of the following: the TNC complies with all applicable insurance requirements, the TNC has established a zero tolerance policy for the use of drugs and alcohol, the TNC requires drivers’ vehicles to comply with all applicable motor vehicle equipment requirements, the TNC has adopted and is enforcing nondiscrimination and accessibility policies, and the TNC has established record retention guidelines for records relating to drivers and prearranged rides. If the Department determines that the TNC is in compliance with the provisions of Iowa Code chapter 321N, the Department shall issue a permit to the TNC. If granted, the permit is valid for one year. The Department may deny issuance of a permit if the Department determines, and evidence demonstrates, that the TNC is not in compliance or is unable to comply with the provisions of Iowa Code chapter 321N. The TNC may amend the application under certain circumstances and must inform the Department of the changed circumstances for which an amendment is required. The Department may suspend a TNC’s permit for a violation of Iowa Code chapter 321N or these rules until the TNC demonstrates that the TNC is in compliance with the applicable requirements. The Department may revoke a TNC’s permit for continued noncompliance. To determine whether a TNC is in compliance with the applicable requirements, the Department may examine a TNC’s records, including a random sample of the TNC’s records related to drivers and prearranged rides. An examination is required to take place at the Department’s motor vehicle division building unless another location is agreed to by the Department and the TNC, and such examinations may not occur more than twice per year unless additional examinations are necessary to investigate a complaint. TNCs are required to renew the application if the TNC intends to hold a valid permit after the expiration of an existing permit. 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. These rules are identical to those published under Notice of Intended Action. After analysis and review of this rule making, no impact on jobs has been found. These rules are intended to implement Iowa Code chapter 321N. These rules will become effective April 19, 2017. The following amendment is adopted.
ITEM 1. Adopt the following new 761—Chapter 540: CHAPTER 540TRANSPORTATION NETWORK COMPANIES761—540.1(321N) Purpose and applicability. This chapter implements the permitting and regulation requirements of Iowa Code chapter 321N, and applies to transportation network companies and transportation network company drivers.761—540.2(321N) Definitions. The definitions in Iowa Code section 321N.1 are hereby made part of and fully incorporated in this chapter.761—540.3(321N) General information. 540.3(1) Information and location. Applications, forms, electronic or otherwise, and information regarding transportation network company permits are available by mail from the Office of Vehicle and Motor Carrier Services, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (515)237-3268; by e-mail at omcs@iowadot.us; by facsimile at (515)237-3225; or on the department’s Web site at www.iowadot.gov. 540.3(2) Complaints. Complaints against transportation network companies pertaining to the provisions of Iowa Code chapter 321N and this chapter that are within the regulation and jurisdiction of the department shall be submitted in writing to the office of vehicle and motor carrier services.761—540.4(321N) Application for transportation network company permit and supporting documents. 540.4(1) Application. An application for a transportation network company permit shall be made to the office of vehicle and motor carrier services on a form designated by the department, electronic or otherwise, and prescribed for that purpose. The form shall require all of the following: a. The transportation network company’s full legal name and tax identification number. b. The address of the transportation network company’s principal place of business. c. If incorporated or otherwise organized, the transportation network company’s state of incorporation or organization. d. The name, address, telephone number and e-mail address of the person submitting the application on behalf of the transportation network company. e. A statement confirming the transportation network company’s agreement to comply with all applicable requirements of Iowa Code chapter 321N and this chapter, signed by the transportation network company’s authorized representative. f. The name and address of the transportation network company’s agent for service of process in the state of Iowa. g. The name by which the transportation network company will do business in the state of Iowa, if different from the transportation network company’s full legal name. h. A description of the transportation network company’s digital network and the means or manner by which it may be accessed by the transportation network company’s drivers and riders. This paragraph is not intended to and shall not be construed as requiring the disclosure of information proprietary to the transportation network company. i. The name, address, telephone number and e-mail address of the person through whom the department may coordinate examination of the transportation network company’s records as required by Iowa Code section 321N.2(5). 540.4(2) Application fee. An application for a transportation network company permit shall be accompanied by the fee required by Iowa Code section 321N.2. The fee shall be made payable to the Iowa Department of Transportation by cash, check, money order, or other means acceptable to, and offered by, the department. 540.4(3) Supporting documents. An application for a transportation network company permit shall be accompanied by the following: a. Proof of compliance with the financial responsibility requirements of Iowa Code section 321N.4. Proof of compliance shall be submitted by providing a valid certificate of coverage from an insurer governed by Iowa Code chapter 515 or 518, or by a surplus lines insurer governed by Iowa Code chapter 515I. The certificate of coverage shall demonstrate coverage in the amounts and circumstances required by Iowa Code section 321N.4, and shall certify that if insurance maintained by a transportation network company driver under Iowa Code chapter 321N lapses or does not provide coverage in the amounts or types required by Iowa Code section 321N.4, subsection 2 or 3, the insurance certified in the certificate of coverage shall provide coverage in the amounts and types required by Iowa Code section 321N.4, subsection 2 or 3, beginning with the first dollar of the claim, and the insurer providing such coverage shall defend the claim. The certificate of coverage shall also certify that the coverage therein is not dependent on the insurer of a transportation network company driver’s personal vehicle first denying a claim, and does not require the insurer of a personal automobile insurance policy to first deny a claim to trigger coverage and defense under the coverage certified. b. Proof that the transportation network company has established a zero tolerance policy for the use of drugs and alcohol as provided in Iowa Code section 321N.3(5). The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to transportation network company drivers and the manner or means by which the policy is enforced. c. Proof that the transportation network company has adopted and is enforcing nondiscrimination and accessibility policies. As used herein, “nondiscrimination policy” means a policy that prohibits discrimination against transportation network company riders on the basis of race, age, disability, religion, color, sex, or national origin. “Accessibility policy” means a policy that prohibits discrimination against and assures equal opportunity and access to transportation network company riders who are persons with disabilities under the Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008 (P.L. 110-325) codified at 42 U.S.C. 12101 et. seq. The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to transportation network company drivers and the manner or means by which the policy is enforced. d. Proof that the transportation network company has established record retention guidelines that comply with the requirements of Iowa Code section 321N.2(2). The transportation network company shall provide a written copy of the applicable policy and an explanation of the manner or means by which the policy is made known to the designated records retention officer or responsible staff and the manner or means by which the policy is enforced. e. Proof that the transportation network company has established a means for informing persons seeking approval to serve as transportation network company drivers of their notification obligations under Iowa Code section 321N.3(2). The transportation network company shall provide a copy of the disclosure form used by the transportation network company to inform such persons of the notification obligations under Iowa Code section 321N.3(2) and an explanation of the manner or means by which the disclosure form is made known to and signed by such persons. f. Proof that the transportation network company has established a means for making the automobile insurance disclosures required by Iowa Code section 321N.5 to persons serving as transportation network company drivers. The transportation network company shall provide a copy of the written disclosure used by the transportation network company and an explanation of the manner or means by which the written disclosure is made known to transportation network company drivers. g. Proof that the transportation network company has established a means for making the driver and vehicle disclosures required by Iowa Code section 321N.7 to transportation network company riders. The transportation network company shall provide an explanation of the manner or means by which the disclosure is made known to transportation network company riders. h. Proof that the transportation network company has established a means for transmitting an electronic receipt to transportation network company riders as required by Iowa Code section 321N.8. The transportation network company shall include a sample, representative receipt and an explanation of the manner or means by which the receipt is delivered and the time frame within which the receipt is delivered. i. If incorporated or organized, a copy of the transportation network company’s certificate of good standing from the transportation network company’s state of incorporation or organization. j. Other such documents as requested by the department.761—540.5(321N) Issuance of permit. A transportation network company shall not operate or conduct business in the state of Iowa without a valid permit issued under this chapter. Upon submission of a completed application package as set forth in rule 761—540.4(321N), the department shall process the package and shall inform the transportation network company of the package’s status no later than 30 days after the department receives the package. Application package statuses for the purpose of this rule are as follows: “in process,” “granted,” and “denied.” If the department informs a transportation network company that the application is “in process,” then the department shall also inform the transportation network company of the reason for the status. If the department determines that the transportation network company is in compliance with the provisions of Iowa Code chapter 321N and this chapter, the department shall issue a permit to the transportation network company. A permit, when issued, shall be valid for one year. The department may deny issuance of the permit if the department determines, and evidence demonstrates, that the transportation network company is not in compliance or is not able to comply with the provisions of Iowa Code chapter 321N or this chapter.761—540.6(321N) Amendment to transportation network company permit. If during the period the permit is valid any information required and presented in the application under paragraph 540.4(1)“a,”“b,”“c,”“f,”“g” or “i” changes, the transportation network company shall notify the office of vehicle and motor carrier services of the change in writing, within 30 days after the change. Notification shall include the permit number and a recitation of the information that has changed and that should be updated in the department’s records. Submission of amended information is not a request for a new permit or for permit approval and shall not extend the period the permit is valid. Upon determination that the information submitted is complete and correct, the department shall update its records and issue an amended permit, if the department determines it is necessary.761—540.7(321N) Suspension. If the department determines that the transportation network company has violated Iowa Code chapter 321N or this chapter and the violation is more than an isolated event and remains uncorrected, the department shall issue to the transportation network company a written notice of the violation. The written notice shall specify the violation and shall advise the transportation network company that failure to remedy the violation and to comply with the applicable requirements within 30 days shall result in the issuance of a written notice of suspension of the permit and the privilege to operate or conduct business as a transportation network company in the state of Iowa. If the transportation network company fails to remedy the violation within 30 days, the department shall issue to the transportation network company a written notice of suspension of the permit and the privilege to operate or conduct business as a transportation network company in the state of Iowa, which shall be effective 30 days after service of the written notice of suspension. Once effective, the suspension shall remain in effect until the transportation network company demonstrates to the department that it is in compliance with the applicable requirements or the permit is revoked or expires, whichever occurs first.761—540.8(321N) Revocation. If the department determines that the transportation network company is in continued noncompliance with Iowa Code chapter 321N or this chapter, the department shall revoke the transportation network company’s permit and the privilege to operate or conduct business as a transportation network company in the state of Iowa. Notice of revocation shall be in writing, shall specify the continued noncompliance, and shall be effective 30 days after service of the written notice of revocation. The period of revocation shall be for at least 90 days, and shall continue thereafter until the following criteria are satisfied: (1) The transportation network company submits a new application, application fee, and supporting documents under rule 761—540.4(321N), and (2) the department determines a new permit should be issued, pursuant to rule 761—540.5(321N). As used in this rule, “continued noncompliance” means a violation of Iowa Code chapter 321N or this chapter for which a notice of suspension has become effective and has remained in effect for a period of at least 180 days.761—540.9(321N) Appeal. 540.9(1) A transportation network company whose permit has been suspended, revoked, or denied may request an informal settlement or a contested case proceeding as provided in 761—Chapter 13 to contest said action. 540.9(2) The request shall be submitted in writing, to the director of the office of vehicle and motor carrier services, at the address indicated in subrule 540.3(1), and may be submitted electronically by facsimile, e-mail or other means prescribed by the department. To be timely, the request must be submitted within 20 days of service of the notice of suspension, revocation, or denial. Failure to contest denial of a permit application does not preclude the transportation network company from submitting a new application for a permit at any time after the denial. 540.9(3) When the department receives a properly submitted, timely request for an informal settlement or contested case proceeding or an appeal of a presiding officer’s proposed decision regarding a suspension or revocation, the department shall stay the suspension or revocation pending resolution of the informal resolution, contested case, or appeal.761—540.10(321N) Renewal. 540.10(1) A transportation network company that has been issued and holds a valid permit may renew the permit by submitting, at minimum, the following: (1) the application, (2) the application fee and (3) the supporting documents as set forth in rule 761—540.4(321N). The application for renewal must be submitted no more than 60 days before the expiration date of the existing permit and no fewer than 30 days before the expiration date of the existing permit. 540.10(2) Pursuant to Iowa Code section 17A.18(2), when a transportation network company has made a timely and sufficient application for the renewal of a valid permit, the existing permit does not expire until the application has been finally determined by the department, and, in case the application is denied or the terms of the new permit are limited, until the last day for seeking judicial review of the department’s order or a later date fixed by order of the department or the reviewing court. 540.10(3) If the application for renewal is submitted fewer than 30 days before the expiration date of the existing permit, then the application shall be considered a new application and Iowa Code section 17A.18(2) shall not apply. If a transportation network company does not file a renewal application pursuant to this rule, then the original application shall expire on the expiration date set forth on the original permit. 540.10(4) If a transportation network company initiates an appeal, informal settlement, or contested case proceeding pursuant to rule 761—540.9(321N) and the original application expires pursuant to the expiration date of the application, then the transportation network company shall be required to submit a renewal application pursuant to subrule 540.10(1) if the transportation network company intends to hold a valid permit under this chapter once the appeal, informal settlement, or contested case proceeding has been finally determined. These rules are intended to implement Iowa Code chapter 321N. [Filed 2/22/17, effective 4/19/17][Published 3/15/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 3/15/17.