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 249A.4, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 77, “Conditions of Participation for Providers of Medical and Remedial Care,” Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” and Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code. These proposed amendments reflect the new accreditation standards in rule 441—24.21(225C) for crisis response services. Iowa Medicaid currently covers crisis response services; however, these amendments will clarify services covered and provide standards for operation for Medicaid crisis response service providers. These amendments also establish the process by which the Department of Human Services’ Iowa Medicaid Enterprise (IME) will enroll and reimburse qualified subacute mental health facility providers. Any interested person may make written comments on the proposed amendments on or before November 28, 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 249A.4. The following amendments are proposed.
ITEM 1. Adopt the following new rule 441—77.55(249A):441—77.55(249A) Crisis response services. 77.55(1) Definitions. The terms used in this rule shall have the same meaning as set out in 441—Chapter 24, Division II. 77.55(2) Eligible providers. Agencies which are accredited under the mental health service provider standards established by the mental health and disability services commission, set forth in 441—Chapter 24, Division II, are eligible to participate in the program by providing crisis response services, crisis stabilization community-based services, and crisis stabilization residential services. 77.55(3) Provider standards. All providers of crisis response services, crisis stabilization community-based services, and crisis stabilization residential services shall meet the standards criteria as set forth in 441—Chapter 24, Division II. ITEM 2. Adopt the following new rule 441—77.56(249A):441—77.56(249A) Subacute mental health services. 77.56(1) Definitions. The terms used in this rule shall have the same meaning as set out in Iowa Code section 135G.1. 77.56(2) Subacute mental health services. Subacute mental health services are intended to be short-term, intensive, recovery-oriented services designed to stabilize an individual who is experiencing a decreased level of functioning due to a mental health condition. 77.56(3) Eligible provider. Subacute mental health care facilities which are licensed by the department of inspections and appeals in accordance with 481—Chapter 71 are eligible to participate in the program by providing subacute mental health services. 77.56(4) Provider standards. All providers of subacute mental health services shall meet the standards criteria as set forth in 481—Chapter 71. ITEM 3. Adopt the following new rule 441—78.60(249A):441—78.60(249A) Crisis response services. Payment will be made to providers (eligible pursuant to rule 441—77.55(249A)) of crisis response services, crisis stabilization community-based services, and crisis stabilization residential services delivered as set forth in 441—Chapter 24, Division II. ITEM 4. Adopt the following new rule 441—78.61(249A):441—78.61(249A) Subacute mental health services. Payment will be made to providers (eligible pursuant to rule 441—77.56(249A))for the provision of subacute mental health care facility services that meet the standards outlined in 481—Chapter 71. ITEM 5. Adopt the following new provider categories in subrule 79.1(2): Provider category Basis of reimbursement Upper limitCrisis response servicesFee schedule Fee schedule in effect 2/1/18.Crisis stabilization community-based servicesFee scheduleFee schedule in effect 2/1/18.Crisis stabilization residential servicesFee scheduleFee schedule in effect 2/1/18.Subacute mental health facilityFee scheduleFee schedule in effect 2/1/18. ITEM 6. Adopt the following new subparagraph 79.3(2)"d": (44) Crisis response services, crisis stabilization community-based services and crisis stabilization residential services. 1. Physician orders or court orders. 2. Independent assessment. 3. Individual treatment plan. 4. Service notes or narratives (history and physical, therapy records, discharge summary). 5. Medication administration records (residential services). ITEM 7. Adopt the following new subparagraph 79.3(2)"d": (45) Subacute mental health services. 1. Assessment. 2. Individual stabilization plan. 3. Service notes or narratives (history and physical, therapy records, discharge summary). 4. Medication administration records (residential services).ARC 3438CHuman 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 237A.12, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 109, “Child Care Centers,” Iowa Administrative Code. This proposed amendment revises the definition of “child care” found in rule 441—109.1(237A) to provide allowable exemptions in accordance with 2017 Iowa Acts, House File 534. House File 534 modifies Iowa Code chapter 237A to allow programs serving children who are at least three years of age and eligible for special education under Iowa Code chapter 256B to be exempt from child care facility licensing requirements. Any interested person may make written comments on the proposed amendment on or before November 28, 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. This amendment does 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. This amendment is intended to implement Iowa Code section 237A.1(3) as amended by 2017 Iowa Acts, House File 534. The following amendment is proposed.
ITEM 1. Amend rule 441—109.1(237A), definition of “Child care,” as follows: "Child care" means the care, supervision, or guidance of a child by a person other than thechild’s parent, guardian, or custodian for periods of less than 24 hours per day per child on a regular basis in a place other than the child’s home, but does not include care, supervision, or guidance of a child by any of the following:- An instructional program for childrenwho are attending prekindergarten as defined by the state board of education under Iowa Code section 256.11 or a highergrade level and are at least four years of age, or at least three years of age and eligible for special education under Iowa Code chapter 256B, and administered by a public or nonpublic school system accredited by the department of education or the state board of regents or a nonpublic school system which is not accredited by the department of education or the state board of regents.
- Any of the following church-related programs:
- An instructional program.
- A youth program other than a preschool, before or after school child care program, or other child care program.
- A program providing care to children on church premises while the children’s parents are attending church-related or church-sponsored activities on the church premises.
- Short-term classes of less than two weeks’ duration held between school terms or during a break within a school term.
- A child care center for sick children operated as part of a pediatrics unit in a hospital licensed by the department of inspections and appeals pursuant to Iowa Code chapter 135B.
- A program operated not more than one day per week by volunteers that meets all the following conditions:
- Not more than 11 children are served per volunteer.
- The program operates for less than 4 hours during any 24-hour period.
- The program is provided at no cost to the children’s parent, guardian, or custodian.
- A program administered by a political subdivision of the state which is primarily for recreational or social purposes and is limited to children who are five years of age or older and attending school.
- An after-school program continuously offered throughout the school year to children who are at least five years of age and enrolled in school and attend the program intermittently, or a summer-only program for such children. The program must be provided through a nominal membership fee or at no cost.
- A special activity program which meets less than four hours per day for the sole purpose of the special activity. Special activity programs include but are not limited to music or dance classes, organized athletic or sports programs, recreational classes, scouting programs, and hobby or craft clubs or classes.
- A nationally accredited camp.
- A structured program for the purpose of providing therapeutic, rehabilitative, or supervisory services to children under any of the following:
- A purchase of service or managed care contract with the department.
- A contract approved by a local decategorization governance board.
- An arrangement approved by a juvenile court order.
- Care provided on site to children of parents residing in an emergency, homeless, or domestic violence shelter.
- A child care facility providing respite care to a licensed foster family home for a period of 24 hours or more to a child who is placed with that licensed foster family home.
- A program offered to a child whose parent, guardian, or custodian is engaged solely in a recreational or social activity, remains immediately available and accessible on the physical premises on which the child’s care is provided, and does not engage in employment while the care is provided. However, if the recreational or social activity is provided in a fitness center or on the premises of a nonprofit organization, the parent, guardian, or custodian of the child may be employed to teach or lead the activity.
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 237A.12, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 109, “Child Care Centers,” Chapter 110, “Child Development Homes,” and Chapter 120, “Child Care Homes,” Iowa Administrative Code. These proposed amendments provide parameters on weapons being present in a child care setting. Currently, there are no administrative rules regarding weapons in child development homes or licensed child care centers. It is recognized that some people choose to have weapons in their homes and also may utilize permits to carry weapons. As a result, it is important that the Department ensure that children in care are safe from any weapons. Foster care homes that are licensed through the Department already have rules in place regarding weapons. “Caring for Our Children: National Health and Safety Performance Standards” indicates that child care centers should have a written policy prohibiting firearms, ammunition, and ammunition supplies. While taking best practice into consideration for rule amendments, it is also recognized that some people approve of professionals in child care and educators having access to weapons in the event of an emergency. Additionally, many people have strong opinions about individual rights to keep and bear arms. While having weapons in any child care setting is highly discouraged, the Department is proposing allowance of weapons and firearms only under specific conditions to ensure the safety of children in care. Child care homes should have a written policy that if firearms and other weapons are present, the firearms and weapons should have child protective devices, be unloaded or disarmed, be kept under lock and key, and be inaccessible to children. Additionally, ammunition and ammunition supplies should be placed in locked storage, separate from firearms, and inaccessible to children. Parents/guardians should also be notified that firearms and other weapons are on the premises. Any interested person may make written comments on the proposed amendments on or before November 28, 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 237A.12. The following amendments are proposed.
ITEM 1. Adopt the following new subrule 109.10(17): 109.10(17) Weapons. a. All weapons and firearms shall be inaccessible to a child of any age. b. The center shall have a written policy regarding weapons and firearms. The policy shall include the following: (1) Weapons and firearms shall be maintained in a locked place, such as a gun case. (2) Ammunition shall be maintained in a locked place separate from the firearms. (3) Any motor vehicles used to transport children shall not contain a loaded gun, and any ammunition in the vehicle shall be kept in a separate, locked container. c. Parents shall be advised if there are any weapons on the premises of the child care facility. ITEM 2. Adopt the following new paragraph 110.8(1)"t": t. The provider shall have written policies regarding weapons and firearms. (1) Weapons and firearms shall be inaccessible to a child of any age. (2) Weapons and firearms shall be maintained in a locked place, such as a gun case. (3) Ammunition shall be maintained in a locked place separate from the firearms. (4) Any motor vehicles used to transport children shall not contain a loaded gun, and any ammunition in the vehicle shall be kept in a separate, locked container. (5) Parents shall be advised if there are any weapons on the premises of the child care facility. ITEM 3. Adopt the following new paragraph 120.8(1)"q": q. The provider shall have written policies regarding weapons and firearms. (1) Weapons and firearms shall be inaccessible to a child of any age. (2) Weapons and firearms shall be maintained in a locked place, such as a gun case. (3) Ammunition shall be maintained in a locked place separate from the firearms. (4) Any motor vehicles used to transport children shall not contain a loaded gun, and any ammunition in the vehicle shall be kept in a separate, locked container. (5) Parents shall be advised if there are any weapons on the premises of the child care home.ARC 3436CHuman 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 237A.12, the Department of Human Services hereby gives Notice of Intended Action to amend Chapter 109, “Child Care Centers,” Chapter 110, “Child Development Homes,” and Chapter 120, “Child Care Homes,” Iowa Administrative Code. The Department is required by federal legislation, CFR 45, Part 98, to implement professional development requirements for child care homes that are not registered but have a child care assistance provider agreement. Further, the Department is permitted to make exemptions for relatives that meet the federal definition of “relative.” These proposed amendments provide consistency for requirements for professional development training entities and topics. These proposed amendments also make enhancements to sleep practices to ensure that children who are sleeping in child care facilities are using items designed for sleeping which meet Consumer Product Safety Commission (CPSC) or American Society for Testing and Materials (ASTM) requirements. Any interested person may make written comments on the proposed amendments on or before November 28, 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 237A.12. The following amendments are proposed.
ITEM 1. Amend subparagraph 109.12(5)"e" as follows: (7) If an alternate sleeping position is needed, a signed physicianor physician assistant authorization with statement of medical reason is required. ITEM 2. Adopt the following new paragraph 109.12(5)"i": i. All items used for sleeping must be used in compliance with manufacturer standards for age and weight of the child. ITEM 3. Rescind subrule 110.8(5) and adopt the following new subrule in lieu thereof: 110.8(5) Safe sleep. a. The provider shall follow safe sleep practices as recommended by the American Academy of Pediatrics for infants under the age of one. Infant sleep shall conform to the following standards: (1) Infants shall always be placed on their backs for sleep. (2) Infants shall be placed on a firm mattress with a tight fitted sheet that meets U.S. Consumer Product Safety Commission federal standards. (3) Infants shall not be allowed to sleep on a bed, sofa, air mattress or other soft surface. (4) No toys, soft objects, stuffed animals, pillows, bumper pads, blankets, or loose bedding shall be allowed in the sleeping area with the infant. (5) No co-sleeping shall be allowed. (6) Sleeping infants shall be actively observed by sight and sound. (7) If an alternate sleeping position is needed, a signed physician or physician assistant authorization with statement of medical reason is required. b. No child shall be allowed to sleep in any item not designed for sleeping including, but not limited to, an infant seat, car seat, swing, or bouncy seat. c. A crib or criblike furniture which has a waterproof mattress covering and sufficient bedding to enable a child to rest comfortably and which meets the current standards or recommendations from the Consumer Product Safety Commission or ASTM International for juvenile products shall be provided for each child under two years of age if developmentally appropriate. Crib railings shall be fully raised and secured when the child is in the crib. A crib or criblike furniture shall be provided for the number of children present at any one time. The home shall maintain all cribs or criblike furniture and bedding in a clean and sanitary manner. There shall be no restraining devices of any type used in cribs. d. All items used for sleeping must be used in compliance with manufacturer standards for age and weight of the child. ITEM 4. Rescind paragraph 110.10(1)"e". ITEM 5. Reletter paragraphs 110.10(1)"f" and 110.10(1)"g" as 110.10(1)"e" and 110.10(1)"f". ITEM 6. Adopt the following new paragraph 110.10(1)"g": g. A provider who has completed training through a child care resource and referral agency or community college within six months prior to initial registration shall be permitted to count the training toward the provider’s total training required during the initial registration. ITEM 7. Adopt the following new definition of “Relative” in rule 441—120.1(237A): "Relative" means grandparents, great grandparents, aunts, uncles, and siblings living in a separate residence. ITEM 8. Rescind subrule 120.8(5) and adopt the following new subrule in lieu thereof: 120.8(5) Safe sleep. a. The provider shall follow safe sleep practices as recommended by the American Academy of Pediatrics for infants under the age of one. Infant sleep shall conform to the following standards: (1) Infants shall always be placed on their backs for sleep. (2) Infants shall be placed on a firm mattress with a tight fitted sheet that meets U.S. Consumer Product Safety Commission federal standards. (3) Infants shall not be allowed to sleep on a bed, sofa, air mattress or other soft surface. (4) No toys, soft objects, stuffed animals, pillows, bumper pads, blankets, or loose bedding shall be allowed in the sleeping area with the infant. (5) No co-sleeping shall be allowed. (6) Sleeping infants shall be actively observed by sight and sound. (7) If an alternate sleeping position is needed, a signed physician or physician assistant authorization with statement of medical reason is required. b. No child shall be allowed to sleep in any item not designed for sleeping including, but not limited to, an infant seat, car seat, swing, or bouncy seat. c. A crib or criblike furniture which has a waterproof mattress covering and sufficient bedding to enable a child to rest comfortably and which meets the current standards or recommendations from the Consumer Product Safety Commission or ASTM International for juvenile products shall be provided for each child under two years of age if developmentally appropriate. Crib railings shall be fully raised and secured when the child is in the crib. A crib or criblike furniture shall be provided for the number of children present at any one time. The home shall maintain all cribs or criblike furniture and bedding in a clean and sanitary manner. There shall be no restraining devices of any type used in cribs. d. All items used for sleeping must be used in compliance with manufacturer standards for age and weight of the child. ITEM 9. Adopt the following new subrule 120.10(6): 120.10(6) During each two-year provider agreement period, the provider shall receive a minimum of six hours of training. A provider shall not use a specific training or class to meet minimum continuing education requirements more than one time every five years. a. Training shall be completed from one or more of the following content areas. (1) Planning a safe, healthy learning environment (includes nutrition). (2) Steps to advance children’s physical and intellectual development. (3) Positive ways to support children’s social and emotional development (includes guidance and discipline). (4) Strategies to establish productive relationships with families (includes communication skills and cross-cultural competence). (5) Strategies to manage an effective program operation (includes business practices). (6) Maintaining a commitment to professionalism. (7) Observing and recording children’s behavior. (8) Principles of child growth and development. b. Training identified in subrule 120.10(1) may be counted toward the total six hours of required training only at the initial time in which the training is received. c. A child care home provider operating under this chapter that meets the definition of “relative” as defined in rule 441—120.1(237A) shall be exempt from the training requirements under this subrule. ITEM 10. Adopt the following new subrule 120.10(7): 120.10(7) Approved training. a. The training must be conducted by a trainer who is employed by or under contract with one of the following entities or who uses curriculum or training materials developed by or obtained with the written permission of one of the following entities: (1) An accredited university or college. (2) A community college. (3) Iowa State University Extension. (4) A child care resource and referral agency. (5) An area education agency. (6) The regents’ center for early developmental education at the University of Northern Iowa. (7) A hospital (for health and safety, first-aid, and CPR training). (8) The American Red Cross, American Heart Association, National Safety Council, American Safety and Health Institute or MEDIC First Aid (for first-aid and CPR training). (9) An Iowa professional association, including the Iowa Association for the Education of Young Children (Iowa AEYC), the Iowa Family Child Care Association (IFCCA), the Iowa After School Alliance, and the Iowa Head Start Association. (10) A national professional association, including the National Association for the Education of Young Children (NAEYC), the National Child Care Association (NCCA), the National Association for Family Child Care (NAFCC), the National After School Association, and the American Academy of Pediatrics. (11) The Child and Adult Care Food Program (CACFP) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). (12) The Iowa department of public health, department of education, or department of human services. (13) Head Start agencies or the Head Start technical assistance system. (14) Organizations that are certified by the International Association for Continuing Education and Training (IACET). b. Training received in a group setting must follow a presentation format that incorporates a variety of adult learning methods. The material or content of the training must be obtained from one of the entities listed in paragraph 120.10(7)“a” or an entity approved under paragraph 120.10(7)“h.” c. Approved training shall be made available to Iowa child care providers through the child care provider training registry. d. Training received in a group setting may include distance learning opportunities, such as training conducted over the Iowa communications network, online courses, or Web conferencing (webinars) if: (1) The training meets the requirements in subrule 120.10(8); (2) The training is taught by an instructor and requires interaction between the instructor and the participants, such as required chats or message boards; and (3) The training organization meets the requirements listed in this subrule or is approved by the department. e. The department will not approve more than eight hours of training delivered in a single day. f. The department may randomly monitor any state-approved training for quality control purposes. g. Training conducted with the provider either during the hours of operation of the facility, provider lunch hours, or while children are resting must not diminish the required ratio coverage. The provider shall not be actively engaged in care and supervision and simultaneously participate in training. h. A training organization not approved by the department may submit a request for review to the department on Form 470-4528, Request for Child Care Training Approval. All approvals, unless otherwise specified, shall be valid for five years. The department shall issue its decision within 30 business days of receipt of a complete request. ITEM 11. Adopt the following new subrule 120.10(8): 120.10(8) Elements of training. Training provided to Iowa child care providers shall offer: a. Instruction that is consistent with: (1) Iowa child care regulatory standards; (2) The Iowa early learning standards; and (3) The philosophy of developmentally appropriate practice as defined by the National Association for the Education of Young Children, the Program for Infant/Toddler Care, and the National Health and Safety Performance Standards. b. Content equal to at least one contact hour of training. c. An opportunity for teacher-student interaction and timely feedback, including questions and answers and with evaluation of learning. d. For each participant, a certificate of training that includes: (1) The name of the participant. (2) The title of the training. (3) The dates of training. (4) The content area addressed. (5) The name of the training organization. (6) The name of the instructor. (7) The number of contact hours.ARC 3435CProfessional Licensure Division[645]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 147.76, the Iowa Board of Physical and Occupational Therapy hereby gives Notice of Intended Action to amend Chapter 201, “Practice of Physical Therapists and Physical Therapist Assistants,” and Chapter 208, “Practice of Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code. The proposed amendments add requirements for telehealth. Any interested person may make written comments on the proposed amendments no later than November 28, 2017, addressed to Judy Manning, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; e-mail judith.manning@idph.iowa.gov. A public hearing will be held on November 28, 2017, from 8 to 8:30 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa, at which time 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 proposed amendments. After analysis and review of this rule making, no impact on jobs has been found. A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18. These amendments are intended to implement Iowa Code chapters 147, 148A, and 272C. The following amendments are proposed.
ITEM 1. Adopt the following new rule 645—201.3(147):645—201.3(147) Telehealth visits. A licensee may provide physical therapy services to a patient utilizing a telehealth visit if the physical therapy services are provided in accordance with all requirements of this chapter. 201.3(1) “Telehealth visit” means the provision of physical therapy services by a licensee to a patient using technology where the licensee and the patient are not at the same physical location for the physical therapy session. 201.3(2) A licensee engaged in a telehealth visit shall utilize technology that is secure and HIPAA-compliant and that includes, at a minimum, audio and video equipment that allows two-way real-time interactive communication between the licensee and the patient. A licensee may use non-real-time technologies to prepare for a physical therapy session or to communicate with a patient between physical therapy sessions. 201.3(3) A licensee engaged in a telehealth visit shall be held to the same standard of care as a licensee who provides in-person physical therapy. A licensee shall not utilize a telehealth visit if the standard of care for the particular physical therapy services cannot be met using technology. 201.3(4) Any physical therapist or physical therapist assistant who provides a physical therapy telehealth visit to a patient located in Iowa shall be licensed in Iowa. 201.3(5) Prior to the first telehealth visit, a licensee shall obtain informed consent from the patient specific to the physical therapy services that will be provided in a telehealth visit. At a minimum, the informed consent shall specifically inform the patient of the following: a. The risks and limitations of the use of technology to provide physical therapy services; b. The potential for unauthorized access to protected health information; and c. The potential for disruption of technology during a telehealth visit. 201.3(6) A licensee shall only provide physical therapy services using a telehealth visit in the areas of competence wherein proficiency in providing the particular service using technology has been gained through education, training, and experience. 201.3(7) A licensee shall identify in the clinical record when physical therapy services are provided utilizing a telehealth visit. ITEM 2. Adopt the following new rule 645—208.3(147):645—208.3(147) Telehealth visits. A licensee may provide occupational therapy services to a patient utilizing a telehealth visit if the occupational therapy services are provided in accordance with all requirements of this chapter. 208.3(1) “Telehealth visit” means the provision of occupational therapy services by a licensee to a patient using technology where the licensee and the patient are not at the same physical location for the occupational therapy session. 208.3(2) A licensee engaged in a telehealth visit shall utilize technology that is secure and HIPAA-compliant and that includes, at a minimum, audio and video equipment that allows two-way real-time interactive communication between the licensee and the patient. A licensee may use non-real-time technologies to prepare for an occupational therapy session or to communicate with a patient between occupational therapy sessions. 208.3(3) A licensee engaged in a telehealth visit shall be held to the same standard of care as a licensee who provides in-person occupational therapy. A licensee shall not utilize a telehealth visit if the standard of care for the particular occupational therapy services cannot be met using technology. 208.3(4) Any occupational therapist or occupational therapist assistant who provides an occupational therapy telehealth visit to a patient located in Iowa shall be licensed in Iowa. 208.3(5) Prior to the first telehealth visit, a licensee shall obtain informed consent from the patient specific to the occupational therapy services that will be provided in a telehealth visit. At a minimum, the informed consent shall specifically inform the patient of the following: a. The risks and limitations of the use of technology to provide occupational therapy services; b. The potential for unauthorized access to protected health information; and c. The potential for disruption of technology during a telehealth visit. 208.3(6) A licensee shall only provide occupational therapy services using a telehealth visit in the areas of competence wherein proficiency in providing the particular service using technology has been gained through education, training, and experience. 208.3(7) A licensee shall identify in the clinical record when occupational therapy services are provided utilizing a telehealth visit.ARC 3433CProfessional Licensure Division[645]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 154C.4, the Board of Social Work hereby gives Notice of Intended Action to amend Chapter 280, “Licensure of Social Workers,” Chapter 281, “Continuing Education for Social Workers,” Chapter 282, “Practice of Social Workers,” and Chapter 283, “Discipline for Social Workers,” Iowa Administrative Code. Item 1 removes the definition of “private practice” as that term is not used in Chapter 280. Item 2 updates information on how to apply for a license. Item 3 updates contact information for agencies that provide equivalency evaluations of educational credentials. Item 4 reorganizes the supervision requirements. As part of the reorganization, the requirement for face-to-face meetings before starting supervision via electronic means was reduced from two meetings to one meeting. Item 5 rescinds paragraph 280.9(2)“f,” which requires licensees to reactivate an inactive license before they can apply for a higher level license, and Item 6 reletters paragraph 280.9(2)“g” as “f.” Items 7 and 8 remove outdated language. Item 9 replaces a reference to a specific diagnosis manual that is outdated with a reference to the current edition. Item 10 allows supervisors of social work practicum students to receive continuing education credit. Item 11 updates language on informed consent. Item 12 adds new language requiring that policies be adopted regarding electronic communication. Item 13 clarifies that the Board considers an emotional or employment relationship with a client to be a dual relationship. Item 14 adds new language requiring social workers to take reasonable steps to identify a client and assess the client’s suitability when social work services are being provided via electronic means. Item 15 reorganizes existing language regarding grounds for discipline. Any interested person may make written comments on the proposed amendments no later than November 28, 2017, addressed to Tony Alden, Professional Licensure Division, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075; e-mail tony.alden@idph.iowa.gov. A public hearing will be held on November 28, 2017, from 8:30 to 9 a.m. in the Fifth Floor Conference Room 526, Lucas State Office Building, Des Moines, Iowa, at which time 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 proposed amendments. After analysis and review of this rule making, no adverse impact on jobs exists. A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions accorded under 645—Chapter 18. These amendments are intended to implement Iowa Code section 154C.4. The following amendments are proposed.
ITEM 1. Rescind the definition of “Private practice” in rule 645—280.1(154C). ITEM 2. Amend subrule 280.3(1) as follows: 280.3(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure)(www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. Allpaper applications shall be sent to Board of Social Work, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 3. Amend paragraph 280.5(4)"a" as follows: a. Provide an equivalency evaluation of their educational credentials by International Educational Research Foundations, Inc., Credentials Evaluation Service, P.O. Box 3665, Culver City, California 90231-3665, telephone (310)258-9451, Web site www.ierf.org or E-mail at info@ierf.org; or obtain a certificate of equivalency from the Council on Social Work Education, 17251701 Duke Street, Suite 500200, Alexandria, Virginia 22314-3457, telephone (703)683-8080, Web site http://www.cswe.org. The professional curriculum must be equivalent to that stated in these rules. The candidate shall bear the expense of the curriculum evaluation. ITEM 4. Rescind rule 645—280.6(154C) and adopt the following new rule in lieu thereof:645—280.6(154C) Period of supervised professional practice for LISW. To qualify for licensure at the independent level, an LMSW shall complete a period of supervised professional practice in accordance with the requirements of this rule. 280.6(1) Minimum requirements. The period of supervised professional practice shall: a. Not begin prior to licensure at the master’s level. b. Have a duration of at least two calendar years. c. Consist of a minimum of 4,000 hours of social work practice at the master’s level. d. Include at least 110 hours of direct supervision equitably distributed throughout the period and in compliance with the requirements of subrule 280.6(3). e. Be done pursuant to one or more written supervision plans that comply with the requirements of subrule 280.6(7). 280.6(2) Content of supervised professional practice. The supervisor shall ensure that the period of supervised professional practice includes the following: a. Psychosocial assessments, including evaluation of symptoms and behaviors and the effects of the environment on behavior; b. Diagnostic practice using the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association; c. Treatment, including the establishment of treatment goals, psychosocial therapy, and differential treatment planning; d. Practice management skills; e. Skills required for continued competence; f. Training on ethical standards and legal and regulatory requirements; and g. Development of professional identity. 280.6(3) Direct supervision. The required 110 hours of direct supervision may be obtained through individual meetings between the supervisor and supervisee or through group supervision meetings consisting of the supervisor and more than one supervisee. a. The first supervision meeting must occur in person. After the first supervision meeting, the remaining supervision may occur through in-person meetings or through electronic meetings using an interactive real-time system that provides for visual and audio interaction between the supervisor and supervisee. b. A maximum of 60 hours of direct supervision may be obtained through group supervision meetings. A maximum of six supervisees may participate in any group supervision meeting. 280.6(4) Supervisor eligibility requirements. a. To be eligible to serve as a supervisor for the period of supervised professional practice, a social worker shall: (1) Hold an active license to practice social work at the independent level in Iowa. If the supervised professional practice occurs in another state, a social worker licensed in that state may serve as a supervisor if the social worker is licensed at a level equivalent to the independent level. A social worker licensed in another state may provide direct supervision hours if the social worker is licensed at a level equivalent to the independent level. (2) Have at least three years of social work practice at the independent level, which must include a minimum of 4,000 hours of practice. (3) Complete a six-hour continuing education course pertaining to social work practice supervision or one master’s level course in supervision. b. Any request for a supervisor who does not meet these requirements must be submitted to the board for approval before supervision begins. The board will only approve an otherwise ineligible supervisor if the supervisee demonstrates that eligible supervisors are unavailable or unwilling to provide supervision. Any practice or supervision hours obtained under an ineligible supervisor prior to board approval cannot be counted toward completion of the period of supervised professional practice. 280.6(5) Supervisor responsibilities. A supervisor shall provide adequate supervision to all supervisees. Failure to provide adequate supervision may be grounds for disciplinary action. A supervisor shall be responsible for: a. Timely submission of the supervision plan; b. Providing supervision in accordance with this rule; c. Directing the supervisee to obtain written releases of information from patients when legally required for purposes of providing supervision; d. Providing periodic evaluations and feedback regarding the supervisee’s performance to the supervisee; e. Answering questions and assisting supervisees as new or difficult issues arise; f. Ensuring the supervisee’s caseload is manageable; g. Reporting to the board any violations of board rules by supervisees; and h. Completing a supervision report. 280.6(6) Supervisee responsibilities. A supervisee shall comply with all statutes and rules governing the practice of social work. A supervisee shall be responsible for: a. Timely submission of the supervision plan; b. Obtaining supervision in accordance with this rule; c. Obtaining written releases of information from patients when legally required for purposes of receiving supervision; d. Asking the supervisor to provide periodic evaluations and feedback regarding the supervisee’s performance; e. Asking questions of the supervisor when assistance is needed or when new or difficult issues arise; f. Reporting any issues related to caseload, including volume and difficulty, to the supervisor; g. Reporting to the board any violations of board rules by the supervisor; and h. Maintaining a copy of every supervision plan and supervision report until such time as the supervisee is issued a license to practice social work at the independent level. 280.6(7) Supervision plan. A current written supervision plan must be maintained throughout the period of supervised professional practice. Each supervisor who provides practice supervision or direct supervision hours shall be named on a supervision plan. a. A written supervision plan must be established and submitted to the board before the period of supervised professional practice begins. The board will perform an initial review of each supervision plan and notify the supervisee of approval or denial of the plan within 45 days of receipt. A supervisee may begin supervised professional practice after submission of the supervision plan but cannot count any practice or supervision hours obtained pursuant to a supervision plan that is ultimately denied by the board. b. If a supervisee is changing supervisors or adding an additional supervisor, a revised supervision plan shall be submitted to the board for approval at the time of the change or addition. A supervisee may continue supervised professional practice after submission of a revised supervision plan but cannot count any practice or supervision hours obtained pursuant to a revised supervision plan that is ultimately denied by the board. c. The board maintains a supervision plan form that may be utilized to write the supervision plan. A supervision plan shall include: (1) The name, license number, date of licensure, address, telephone number, and e-mail address of the supervisor; (2) The name, license number, address, telephone number, and e-mail address of the supervisee; (3) The name of the agency, institution, or organization providing the period of supervised professional practice; (4) The start date and estimated date of completion of the period of supervised professional practice; (5) The goals and objectives for the period of supervised professional practice; (6) The nature, duration, and frequency of direct supervision, including the number of hours of direct supervision per week, the schedule for in-person and electronic supervision meetings, and the use of group supervision; and (7) The signatures of the supervisor and supervisee, and the dates of the signatures. 280.6(8) Completion of supervised professional practice. a. At the conclusion of the period of supervised professional practice, the supervisee shall have any and all supervisors complete a supervision report on the form provided by the board. Each supervision report must be signed and dated by the supervisor and supervisee. b. The board will review each supervision report for approval of the hours pertaining to the particular report. The board may deny any practice or supervision hours that were not obtained in compliance with this rule. The board may deny any practice or supervision hours if the supervisor indicates that the supervisee did not adhere to the ethical standards and legal and regulatory requirements governing the practice of social work or if the supervisor does not recommend the supervisee for licensure at the independent level. ITEM 5. Rescind paragraph 280.9(2)"f". ITEM 6. Reletter paragraph 280.9(2)"g" as 280.9(2)"f". ITEM 7. Amend subrule 281.2(1) as follows: 281.2(1) The biennial continuing education compliance period shall extend for a two-year period beginning on January 1 of each odd-numbered year and ending on December 31 of the next even-numbered year. (To implement this rule change, the continuing education period for the December 31, 2000, renewal will run from July 1, 1998, to December 31, 2000.) Each biennium, each person who is licensed to practice as a licensee in this state shall be required to complete a minimum of 27 hours of continuing education approved by the board. ITEM 8. Rescind subrule 281.2(8). ITEM 9. Amend subparagraph 281.3(1)"f" as follows: (2) Assessment and treatment.- Psychosocial assessment/interview;
- Utilization of the DSM-IV TRcurrent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association;
- Theoretical approaches and models of practice—individual, couple, and family therapy and group psychotherapy;
- Establishing treatment goals and monitoring progress;
- Techniques of social work practice; and
- Interdisciplinary consultation and collaboration.
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 99D.7 and 99F.4, the Racing and Gaming Commission hereby gives Notice of Intended Action to amend Chapter 3, “Fair Information Practices,” Chapter 5, “Track, Gambling Structure, and Excursion Gambling Boat Licensees’ Responsibilities,” Chapter 6, “Occupational and Vendor Licensing,” Chapter 8, “Wagering, Simulcasting and Advance Deposit Wagering,” Chapter 10, “Thoroughbred and Quarter Horse Racing,” Chapter 11, “Gambling Games,” and Chapter 12, “Accounting and Cash Control,” Iowa Administrative Code. Item 1 adds records that are to be considered confidential and makes a corrective change in subparagraph 3.13(2)“f”(3). Item 2 clarifies that advanced deposit wagering licensees need to follow the same rule as other licensees. Item 3 clarifies that all remodeling associated with the licensed facility needs to be submitted for approval. Item 4 adds a provision for exceptions to be approved. Item 5 clarifies that a list of the person(s) hired should be filed before the person(s) begins working. Item 6 lowers minimum payoff for win, place and show wagers. Item 7 removes allowance for coupled entries. Item 8 clarifies requirements for jockey clothing. Item 9 clarifies disqualifications. Item 10 changes the amount of time allowed to declare overweight limit for jockeys. Item 11 removes allowance for coupling. Item 12 clarifies that a riding suspension relates to a careless riding infraction and that each trial race ridden by a jockey is counted as one race for the purpose of applying suspension days. Item 13 allows a trainer to enter a horse to race without papers on file if certain other conditions are met. Item 14 removes allowance for coupled entries. Item 15 clarifies eligibility for in-foal fillies. Item 16 clarifies that prescriptions for race horses shall only be written and dispensed by licensed veterinarians. Item 17 specifies labeling requirements for prescription medications. Item 18 clarifies that prescription medications must be prescribed in compliance with certain requirements. Items 19 and 20 declare that practicing veterinarians shall not have contact with an entered horse to race within 24 hours of the race except in the case of emergency. Item 21 specifies which software must be tested and secured for table games. Item 22 imposes a minimum payout in instances where an operator sets an aggregate payback limit. Item 23 allows for the game Big Six. Item 24 removes the requirement for each facility to provide certain names with regard to alarm system access. Any person may make written suggestions or comments on the proposed amendments on or before November 28, 2017. Written material should be directed to the Racing and Gaming Commission, 1300 Des Moines Street, Suite 100, Des Moines, Iowa 50309; or irgc@iowa.gov. Persons who wish to convey their views orally should contact the Commission office at (515)281-7352. A public hearing will be held on November 28, 2017, at 9 a.m. in the office of the Racing and Gaming Commission, 1300 Des Moines Street, Suite 100, Des Moines, Iowa. Persons may present their views at the public hearing either orally or in writing. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 99D and 99F as amended by 2017 Iowa Acts, House File 462. The following amendments are proposed.
ITEM 1. Amend subrule 3.13(2) as follows: 3.13(2) Confidential records. The following records may be withheld from public inspection. Records are listed by category, according to the legal basis for withholding them from public inspection. a. Sealed bids received prior to the time set for public opening of bids. (Iowa Code section 72.3) b. Tax records made available to the agency. (Iowa Code sections 422.20 and 422.72) c. Exempt records under Iowa Code section 22.7. d. Minutes of closed meetings of a government body. (Iowa Code section 21.5(4)) e. Identifying details in final orders, decisions and opinions to the extent required to prevent a clearly unwarranted invasion of personal privacy or trade secrets under Iowa Code section 17A.3(1)“d.” f. Those portions of commission staff manuals, instructions or other statements issued which set forth criteria or guidelines to be used by commission staff in auditing, in making inspections, in settling commercial disputes or negotiating commercial arrangements, or in the selection or handling of cases, such as operational tactics or allowable tolerances or criteria for the defense, prosecution or settlement of cases, when disclosure of these statements would: (1) Enable law violators to avoid detection; (2) Facilitate disregard of requirements imposed by law; or (3) Give a clearly improper advantage to persons who are in an adverse position to the agency. (See Iowa Code sections 17A.2 and 17A.3) g. Records which constitute attorney work product, attorney-client communications, or which are otherwise privileged. Attorney work product is confidential under Iowa Code sections 22.7(4), 622.10 and 622.11, Iowa R.C.P. 122.11, the rules of evidence, the Code of Professional Responsibility, and case law. h. Criminal investigative reports. (Iowa Code section 22.7(5)) i. Information gathered during an investigation during pendency of the investigationor information requested for inspection by the commission or a representative of the commission. (Iowa Code sections 99D.7(8) and, 99D.19(3),99F.4(6)and 99F.12(4)) j. Personnel filesand employee records. Information required for tax withholding, information concerning employee benefits, affirmative action reports, and other information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code section 22.7(11). k. Security plans, surveillance system plansand records, andnetwork audits, internal controls, and compliance records of the licensees that are made available to the commission that would enable law violators to avoid detection and give a clearly improper advantage to persons who are in an adverse position to the agency. (See Iowa Code sections 17A.2, 17A.3,and 22.7(18), 99D.19(3) and 99F.12(4).) l. Promotional play receipts records and marketing expenses. (Iowa Code sections 99D.19(3) and 99F.12(4)) m. Patron and customer records. (Iowa Code sections 99D.19(3) and 99F.12(4)) n. Supplemental schedules to the certified audit that are obtained by the commission in connection with the annual audit under Iowa Code sections 99D.20 and 99F.13. (Iowa Code sections 99D.19(3) and 99F.12(4)) ITEM 2. Amend paragraph 5.4(12)"a", introductory paragraph, as follows: a. The holder of a license to operate gambling gamesand the holder of a license to accept simulcast wagering shall adopt and implement policies and procedures designed to: ITEM 3. Amend subrule 5.4(15) as follows: 5.4(15) Remodeling. For any change to be madeconstruction to the facility itself directly associated with racing or gaming orchange in the structure of the boat itself, the licensee must first submit plans to and receive the approval of the administrator. ITEM 4. Amend subrule 5.5(11) as follows: 5.5(11) Designated wagering area. The designated wagering area is a rectangular area within a minimum of five feet from the front and from either side of a stationary wagering window or self-service wagering device, not otherwise obstructed by a wall or other barrier. The facility shall either section off or clearly delineate the floor of the area and post a sign near the area, which is visible to patrons approaching the area, denotes the wagering area and specifies that the wagering area is not accessible to persons under the age of 21. The designation applies only when the wagering window or device is open to transact wagering. A floor plan identifying the area shall be filed with the administrator for review and approval. Modification to a previously approved plan must be submitted for approval at least ten days prior to implementation.Exceptions to this rule must be approved in writing by the commission. ITEM 5. Amend subrule 6.9(2) as follows: 6.9(2) When a facility hires a person who is already in possession of a current occupational license, a list of the person(s) hired must be filed weekly with the local commission officebefore the person(s) begins working. The list should contain the license number, name, social security number, and birth date of each person hired. ITEM 6. Amend subrule 8.2(20) as follows: 8.2(20) Minimum wager and payoff. The minimum wager to be accepted by any licensed facility for win, place and show wagering shall be $2. The minimum payoff on a $2 wager shall be $2.20$2.10. For all other wagers, the minimum wager to be accepted by any licensed facility shall be $1. The minimum payoff for a $1 wager shall be $1.10$1.05. Any deviation from these minimums must be approved by the administrator. In cases where a minus pool occurs, the facility is responsible for the payment of the minimum payoff and no breakage shall be incurred from that pari-mutuel pool. ITEM 7. Amend subparagraph 10.4(4)"d" as follows: (3) Fouls.- Extent of disqualification. Upon any claim of foul submitted to them, the stewards shall determine the extent of any disqualification and place any horse found to be disqualified behind others in the race with which it interfered or may place the offending horse last in the race. The stewards at their discretion may determine if there was sufficient interference or intimidation to affect the outcome of the race and take the appropriate actions thereafter.
- Coupled entry. When a horse is disqualified under 10.4(4)“d”(3)“1” and that horse was a part of a coupled entry and, in the opinion of the stewards, the act which led to the disqualification served to unduly benefit the other part of the coupled entry, the stewards may disqualify the other part of the entry.
- 3Jockey guilty of foul. The stewards may discipline any jockey whose horse has been disqualified as a result of a foul committed during the running of a race.
- Official rulings for riding suspensions of ten days or less shall state: “The term of this suspension shall not prohibit participation in designated races.”
- A listing of the designated races shall be posted in the jockey room and any other such location deemed appropriate by the stewards.
- A suspended jockey must be named at time of entry to participate in any designated race.
- A day in which a jockey participated in one designated race while on suspension shall count as a suspension day. If a jockey rides in more than one designated race on a race card while on suspension, the day shall not count as a suspension day. Designated trialsEach designated trial race for a stake shall be considered one race.
Pursuant to the authority of Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 108, the Department of Human Services hereby amends Chapter 52, “Payment,” and Chapter 54, “Facility Participation,” Iowa Administrative Code. These amendments remove the requirement for an annual cost report for privately operated residential care facilities (RCFs) and change the cost reimbursement methodology to be based on the maximum per diem rate pursuant to subrule 52.1(3). Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3259C on August 16, 2017. The Department received no comments during the public comment period. These amendments are identical to those published under Notice of Intended Action. The Council on Human Services adopted these amendments on October 11, 2017. Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Department finds that the normal effective date of these amendments, 35 days after publication, should be waived and the amendments made effective October 11, 2017. These amendments confer a benefit on the public. All privately operated residential care facilities will be reimbursed at the maximum amount allowable. 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 249A.4 and 2017 Iowa Acts, House File 653, section 108. These amendments became effective October 11, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 52.1(3) as follows: 52.1(3) Residential care. Payment toFor periods of eligibility before July 1, 2017, the department will reimburse a recipient ineither aprivately operated or non-privately operated residential care facility shall be made on a flat per diem rate of $17.86 or on a cost-related reimbursement system with a maximum per diem rate of $30.11. The department shall establish a cost-related per diem rate for eachlicensed residential care facility choosing thisthe cost-related reimbursement method of payment according to rule 441—54.3(249).For periods of eligibility beginning July 1, 2017, and thereafter, payment to a recipient in a privately operated licensed residential care facility shall be based on the maximum per diem rate of $30.11, but reimbursement for recipients in non-privately operated residential care facilities will continue to be based on the flat per diem rate of $17.86 or be based on the cost-related reimbursement system with a maximum per diem rate of $30.11.The facility shall accept the per diem rate established by the department for state supplementary assistance recipients as payment in full from the recipient and make no additional charges to the recipient. a. All income of a recipient as described in this subrule after the disregards described in this subrule shall be applied to meet the cost of care before payment is made through the state supplementary assistance program.Income applied to meet the cost of care shall be the income considered available to the resident pursuant to supplemental security income (SSI) policy plus the SSI benefit less the following monthly disregards applied in the order specified: (1) When income is earned, impairment related work expenses, as defined by SSI plus $65 plus one-half of any remaining earned income. (2) An allowance of $100 to meet personal expenses and Medicaid copayment expenses. (3) When there is a spouse at home, the amount of the SSI benefit for an individual minus the spouse’s countable income according to SSI policies. When the spouse at home has been determined eligible for SSI benefits, no income disregard shall be made. (4) When there is a dependent child living with the spouse at home who meets the definition of a dependent according to the SSI program, the amount of the SSI allowance for a dependent minus the dependent’s countable income and the amount of income from the parent at home that exceeds the SSI benefit for one according to SSI policies. (5) Established unmet medical needs of the resident, excluding private health insurance premiums and Medicaid copayment expenses. Unmet medical needs of the spouse at home, exclusive of health insurance premiums and Medicaid copayment expenses, shall be an additional deduction when the countable income of the spouse at home is not sufficient to cover those expenses. Unmet medical needs of the dependent living with the spouse at home, exclusive of health insurance premiums and Medicaid copayment expenses, shall also be deducted when the countable income of the dependent and the income of the parent at home that exceeds the SSI benefit for one is not sufficient to cover the expenses. (6) The income of recipients of state supplementary assistance or Medicaid needed to pay the cost of care in another residential care facility, a family-life home, an in-home health-related care provider, a home- and community-based waiver setting, or a medical institution is not available to apply to the cost of care. The income of a resident who lived at home in the month of entry shall not be applied to the cost of care except to the extent the income exceeds the SSI benefit for one person or for a married couple if the resident also had a spouse living in the home in the month of entry. b. Payment is made for only the days the recipient is a resident of the facility. Payment shall be made for the date of entry into the facility, but not the date of death or discharge. c. Payment shall be made in the form of a grant to the recipient on a post payment basis. d. Payment shall not be made when income is sufficient to pay the cost of care in a month with less than 31 days, but the recipient shall remain eligible for all other benefits of the program. e. Payment will be made for periods the resident is absent overnight for the purpose of visitation or vacation. The facility will be paid to hold the bed for a period not to exceed 30 days during any calendar year, unless a family member or legal guardian of the resident, the resident’s physician, case manager, or department service worker provides signed documentation that additional visitation days are desired by the resident and are for the benefit of the resident. This documentation shall be obtained by the facility for each period of paid absence which exceeds the 30-day annual limit. This information shall be retained in the resident’s personal file. If documentation is not available to justify periods of absence in excess of the 30-day annual limit, the facility shall submit a Case Activity Report, Form 470-0042, to the county office of the department to terminate the state supplementary assistance payment.A family member may contribute to the cost of care for a resident subject to supplementation provisions at rule 441—51.2(249) and any contributions shall be reported to the county office of the department by the facility. f. Payment will be made for a period not to exceed 20 days in any calendar month when the resident is absent due to hospitalization. A resident may not start state supplementary assistance on reserve bed days. g. The per diem rate established for recipients of state supplementary assistance shall not exceed the average rate established by the facility for private pay residents. (1) Residents placed in a facility by another governmental agency are not considered private paying individuals. Payments received by the facility from such an agency shall not be included in determining the average rate for private paying residents. (2) To compute the facilitywide average rate for private paying residents, the facility shall accumulate total monthly charges for those individuals over a six-month period and divide by the total patient days care provided to this group during the same period of time. ITEM 2. Amend rule 441—54.3(249), introductory paragraph, as follows:441—54.3(249) Financial and statistical reportPayment for residential care facilities. Payments for privately operated residential care facilities will be made at the maximum per diem rate in 441—subrule 52.1(3).AllNon-privately operated facilities wishing to participate in the program shall submit a Financial and Statistical Report, Form 470-0030, to the department. The reports shall be based on the following rules. [Filed Emergency After Notice 10/11/17, effective 10/11/17][Published 11/8/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/8/17.ARC 3440CEnvironmental Protection Commission[567]Adopted and FiledPursuant to the authority of Iowa Code section 455B.133, the Environmental Protection Commission (Commission) hereby amends Chapter 22, “Controlling Pollution,” Iowa Administrative Code. The purpose of the rule making is to formalize permitting process improvements identified during “LEAN” events that included the Department of Natural Resources (Department), the Office of Lean Enterprise in the Department of Management, and stakeholders from 3M Company, Grain Processing Corporation, Monsanto Company, Pella Corporation, and Stanley Consultants, Inc. LEAN is a collection of principles, methods, and tools that improve the speed and efficiency of any process by eliminating waste. Notice of Intended Action was published in the Iowa Administrative Bulletin on January 18, 2017, as ARC 2895C, and a public hearing was held on February 20, 2017, in Windsor Heights, Iowa. The Department received no comments at the public hearing. The Department received one written comment prior to the February 20, 2017, deadline for public comments. In response to the public comment received, the Commission approved publication of an Amended Notice of Intended Action to accept additional comments and to hold another public hearing. The Amended Notice of Intended Action was published in the Iowa Administrative Bulletin on August 16, 2017, as ARC 3251C, and a second public hearing was held on September 5, 2017, in Windsor Heights, Iowa. The Department received no comments at the second public hearing and received no additional written comments prior to the September 5, 2017, deadline for public comments. In response to the public comment, the Commission revised Item 1 and Item 2 from the amendments published under Notice of Intended Action. The changes from the Notice are explained below. The Commission did not make any other changes from the amendments published under Notice of Intended Action. The Department’s public participation responsiveness summary is available from the Department upon request. Item 1 amends the requirements for submitting construction permit applications to clarify the types of mailing services that may be used to submit applications and to clarify that applications are not required to be submitted by certified mail. Item 1 also reduces the regulatory burden for construction permit applicants for projects that will not emit greenhouse gases (GHG) by eliminating the requirement to submit the current three-page GHG form. Applicants will instead be able to indicate in the project description that the application includes no GHG emissions. In response to public comment, the Commission has revised Item 1 from what was proposed in the Notice of Intended Action. The U.S. Environmental Protection Agency (EPA) submitted a comment stating that the portion of the amendment allowing submittal of a construction permit application by e-mail would not be approved into Iowa’s State Implementation Plan (SIP). The EPA stated that it would not approve this rule change into the SIP because Iowa has not submitted the electronic submittal method as part of a formal application for compliance with the federal Cross-Media Electronic Reporting Rule (CROMERR). Subsequently, the Department submitted a formal request to the EPA for an Applicability Determination on whether the e-mail submittal method, if submitted as part of a formal CROMERR application, would be CROMERR-compliant. The EPA responded to the Department in a letter dated May 25, 2017, indicating that such an application submittal method would not be considered CROMERR-compliant. As a result of the EPA’s comment and subsequent determination, and with no comments to the contrary, the Commission is not including the provisions for e-mail application submittal in the adopted amendments. Item 2 amends the requirements for submitting Title V permit applications to clarify the types of mailing services that may be used to submit applications and to clarify that applications are not required to be submitted by certified mail. The Commission has also revised the requirements so that only one copy of the Title V permit application (rather than two) needs to be submitted to the Department. In response to the same public comment as noted for Item 1, the Commission has revised Item 2 from what was proposed in the Notice of Intended Action. As a result of the EPA’s comment and subsequent determination described above, and with no comments to the contrary, the Commission is not including the provisions for e-mail application submittal in the adopted amendments. Jobs Impact Statement After analysis and review, the Commission has determined that the amendments will have a positive fiscal impact for the regulated community, which may also result in a positive jobs impact. For instance, facilities that had previously chosen to submit hard-copy applications by certified mail are likely to realize cost savings by using another, less expensive submittal method. A cost and time savings will also occur with submitting only one copy of the Title V permit application to the Department. Further, the requirement to submit GHG forms is eliminated in many instances. These savings could be put back into the company which could positively impact jobs. A copy of the jobs impact statement is available upon request. These amendments are intended to implement Iowa Code section 455B.133. These amendments will become effective on December 13, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 22.1(3) as follows: 22.1(3) Construction permits. The owner or operator of a new or modified stationary source shall apply for a construction permit. One copy of a construction permit application for a new or modified stationary source shall be presented or mailed to Department of Natural Resources, Air Quality Bureau, 7900 Hickman Road, Suite 1, Windsor Heights, Iowa 50324. Alternatively, the owner or operator may apply for a construction permit for a new or modified stationary source through the electronic submittal format specified by the department. An owner or operator applying for a permit as required pursuant to rule 567—31.3(455B) (nonattainment new source review) or 567—33.3(455B) (prevention of significant deterioration (PSD)) shall present or mail to the department one hard copy of a construction permit application to the address specified above and, upon request from the department, shall also submit one electronic copy and one additional hard copy of the application.Application submission methods may include, but are not limited to, U.S. Postal Service, private parcel delivery services, and hand delivery. Applications are not required to be submitted by certified mail. The owner or operator of any new or modified industrial anaerobic lagoon shall apply for a construction permit as specified in this subrule and as provided in 567—Chapter 22. The owner or operator of a new or modified anaerobic lagoon for an animal feeding operation shall apply for a construction permit as provided in 567—Chapter 65. a. Regulatory applicability determinations.If requested in writing, the director will review the design concepts of equipment and associated control equipment prior to application for a construction permit. The purpose of the review would be to determine the acceptability of the location of the equipment. If the review is requested, the requester shall supply the following information and submit a fee as required in 567—Chapter 30: (1) Preliminary plans and specifications of equipment and related control equipment. (2) The exact site location and a plot plan of the immediate area, including the distance to and height of nearby buildings and the estimated location and elevation of the emission points. (3) The estimated emission rates of any air contaminants which are to be considered. (4) The estimated exhaust gas temperature, velocity at the point of discharge, and stack diameter at the point of discharge. (5) An estimate of when construction would begin and when construction would be completed. b. Construction permit applications.Each application for a construction permit shall be submitted to the department on the permit application forms available on the department’s Web site. Final plans and specifications for the proposed equipment or related control equipment shall be submitted with the application for a permit and shall be prepared by or under the direct supervision of a professional engineer licensed in the state of Iowa in conformance with Iowa Code section 542B.1, or consistent with the provisions of Iowa Code section 542B.26 for any full-time employee of any corporation while the employee is doing work for that corporation. The application for a permit to construct shall include the following information: (1) A description of the equipment or control equipment covered by the application; (2) A scaled plot plan, including the distance and height of nearby buildings, and the location and elevation of existing and proposed emission points; (3) The composition of the effluent stream, both before and after any control equipment with estimates of emission rates, concentration, volume and temperature; (4) The physical and chemical characteristics of the air contaminants; (5) The proposed dates and description of any tests to be made by the owner or operator of the completed installation to verify compliance with applicable emission limits or standards of performance; (6) Information pertaining to sampling port locations, scaffolding, power sources for operation of appropriate sampling instruments, and pertinent allied facilities for making tests to ascertain compliance; (7) Any additional information deemed necessary by the department to determine compliance with or applicability of rules 567—22.4(455B), 567—22.5(455B), 567—31.3(455B) and 567—33.3(455B); (8) Application for a case-by-case MACT determination. If the source meets the definition of construction or reconstruction of a major source of hazardous air pollutants, as defined in paragraph 22.1(1)“b,” then the owner or operator shall submit an application for a case-by-case MACT determination, as required in 567—subparagraph 23.1(4)“b”(1), with the construction permit application. In addition to this paragraph, an application for a case-by-case MACT determination shall include the following information:- The hazardous air pollutants (HAP) emitted by the constructed or reconstructed major source, and the estimated emission rate for each HAP, to the extent this information is needed by the permitting authority to determine MACT;
- Any federally enforceable emission limitations applicable to the constructed or reconstructed major source;
- The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT;
- The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity to the extent this information is needed by the permitting authority to determine MACT;
- A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in 40 CFR Part 63.43(d) as amended through December 27, 1996;
- The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer’s name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority);
- Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology;
- An identification of any listed source category or categories in which the major source is included;
- The owner or operator shall submit a fee as required in 567—Chapter 30 to obtain a permit under subrule 22.1(1), rule 567—22.4(455B), rule 567—22.5(455B), rule 567—22.8(455B), rule 567—22.10(455B), 567—Chapter 31 or 567—Chapter 33.;
- For application submittals from a minor source as defined in 567—Chapter 30, the department shall not initiate review and processing of a permit application submittal until all required application fees have been paid to the department.; and
Pursuant to the authority of Iowa Code section 234.6, the Department of Human Services hereby amends Chapter 152, “Foster Care Contracting,” Chapter 156, “Payments for Foster Care,” and Chapter 202, “Foster Care Placement and Services,” Iowa Administrative Code. These amendments align program and payment changes under the competitive child welfare services procurement for supervised apartment living (SAL) based on Request for Proposal ACFS 18-016, Child Welfare Crisis Intervention, Stabilization, and Reunification (CISR) Services, Supervised Apartment Living (SAL), with new contracts anticipated to begin October 1, 2017. Alignment will address payment, service determinations, and eligibility. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3260C on August 16, 2017. The Department received no comments from the public during the public comment period. These amendments are identical to those published under Notice of Intended Action. The Council on Human Services adopted these amendments on October 11, 2017. 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. These amendments will become effective January 1, 2018. The following amendments are adopted.
ITEM 1. Amend rule 441—152.1(234), definition of “Unit of service,” as follows: "Unit of service" means one day for group care and child welfare emergency services shelter. and one hour or any portion thereof for supervised apartment living as set forth in 441—paragraph 202.9(4)“b.” ITEM 2. Amend rule 441—156.12(234) as follows:441—156.12(234) Supervised apartment living. 156.12(1) MaintenanceChild monthly stipend. Effective July 1, 2013, when a child at least aged 16½ but under the age of 20 isFor each eligible child living in a supervised apartment living situation, the monthly maintenancestipend payment for the child shall be $787.50. This payment may be paid to the child or another payee, other than a department employee, for the child’s living expenses. 156.12(2) Service. When services for a youth in supervised apartment living are purchased, the service components and number of hours purchasedany special provisions shall be specified by the service worker in the youth’s case permanency plan. This rule is intended to implement Iowa Code section 234.35 and 2011 Iowa Acts, House File 649, section 28(4). ITEM 3. Amend subrule 202.9(2) as follows: 202.9(2) Eligibility. To be eligible for supervised apartment living placement, a child shall meet all of the following conditions: a. The child must be at least 16½ years old for placement in a cluster setting. b. The child must be at least 17 years old,forand it has been determined by the department or juvenile court services referral worker that the child has lived successfully in a SAL cluster setting until the child is able to live in a more independent placement in a scattered-site setting. c. If the child is under the age of 18, the child must: (1) Satisfactorily attend school, in accordance with the school’s attendance policies, with the objective of obtaining a high school diploma; or (2) Satisfactorily attend an instructional program, pursuant to the program’s policies, necessary to obtain a generalhigh school equivalency diploma (GED); or (3) Attend school to obtain postsecondary education or training on a full-time basis (based upon the institution’s definition of full-time) or attend on a part-time basis and be either working or participating in a work training program leading to employment; or (4) Work at least an average of 80 hours per month if not enrolled in school; or (5) Participate in a work training program leading to employment if not enrolled in school. d. If the child is aged 18 or older, the child must: (1) Meet the definition of “child” in Iowa Code section 234.1; and (2) Have been in foster care immediately before reaching the age of 18 and have continued in foster care since reaching the age of 18. The service area manager or designee may waive the requirement for continuous placement for a child who leaves foster care at age 18 and voluntarily returns before the child’s twentieth birthday in order to complete high school or obtain a GEDhigh school equivalency diploma, consistent with Iowa Code sections 234.35(1)“f” and 234.35(3)“c”; and (3) Attend school on a full-time basis leading to a high school diploma or attend an instructional program leading to a GEDhigh school equivalency diploma. e. The child must need foster care placement and services, based on an assessment completed according to rule 441—202.2(234) and subrule 202.6(5). f. The child must participate in services and activities to achieve self-sufficiency. g. The child must have the capacity to live in the community with less supervision than that provided by a foster family or in a group care setting, as determined by an assessment that reviews available information on the child to identify the needs, strengths, and resources of the child, especially as they pertain to the child’s ability to function in the community. To determine if a supervised apartment living foster care placement is suitable for the child, the department worker must complete Form 470-4063, Preplacement Screening for Supervised Apartment Living Foster Care. h. The child must have an approved living situation that meets the following minimum standards: (1) Comply with applicable state and local zoning, fire, sanitary and safety regulations. (2) Be located so as to provide reasonably convenient access to schools, places of employment, and services and supports required by the child. (3) Be reasonably priced so as to fit within the child’s budget. i. If supervised apartment living foster care is deemed suitable for the child, the worker shall complete Form 470-3186, Request for Approval of Supervised Apartment Living Foster Care Placement, to request that the service area manager or designee approve the placement. This form is also to be used to request that the service area manager or designee waive the requirement for continuous placement for a child who leaves foster care on or after the child’s eighteenth birthday and voluntarily returns before the child’s twentieth birthday in order to complete high school or obtain a GED. j. The placement must have the approval of the juvenile court if the child is under court jurisdiction. ITEM 4. Amend subparagraph 202.9(3)"a" as follows: (4) A budget, developed with the child, based upon the child’s monthly maintenancestipend payment, any start-up allowance, any earned or unearned incomes and financially related assistance (e.g., food assistance). Staff will work with the child to ensure payment of bills and receipt of necessary items as outlined in the budget. ITEM 5. Amend subrule 202.9(4) as follows: 202.9(4) Method of service provision. Supervised apartment living services may be provided directly by the department or purchased from an agency that has a contract with the department to provide supervised apartment living foster care services. If services are purchased: a. Department staff shall be responsible to determine the specific service components and the specific number of service units to be provided for required servicesand any special provisions of this care. The department case permanency plan shall specify the goals and objectives (action steps) of the services that are being purchased. If services are purchased, the worker shall complete Form 470-5081, Placement Agreement and Service Authorization for Supervised Apartment Living (SAL), to place the child with the contractor, to authorize the SAL service, and to authorize service codes (scattered-site or cluster setting; individual services or services provided with a group of children in supervised apartment living placement) and the specific number of units to be provided and billableidentify any special provisions for the case. b. Service billings for servicesSupervised apartment living billings shall be based on one hour (one unit equals one hour of service), or any portion thereof (with monthly cumulative units rounded up or down to the nearest whole unit), of:follow the terms of the contract with the department. (1) Direct face-to-face contact between the service provider and the child. (2) Activities undertaken to assist the child in developing the needed structure and supports to live in the supervised apartment living setting. (3) Activities undertaken to assist the child in locating and using other needed services, supports, and community resources and to consult and collaborate on service directions on behalf of the child with schools, employers, landlords, volunteers, extended family members, peer support groups, training resources, or other community resources. c. Service billings for group services shall be based on one hour (one unit equals one hour of service), or any portion thereof (with monthly cumulative units rounded up or down to the nearest whole unit), for each child in the group. d. Expenses of transporting the child, service management activities, and other administrative functions shall be allowable indirect costs subject to the restrictions set forth in 441—subrule 152.2(6) and are not billable units of service. e. Contractors providing a cluster setting shall be paid $551.25 per month per child in the setting for agency staffing costs, in addition to billable units of services provided to the child, but are eligible for this payment only when two or more children are in the setting. For a child who enters a cluster setting during the month, the prorated amount per day is $18.12. If a child exits the setting on or before the last day of the month, the $551.25 shall be prorated up to the date before the date of exit. [Filed 10/11/17, effective 1/1/18][Published 11/8/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/8/17.ARC 3443CNatural Resource Commission[571]Adopted and FiledPursuant to the authority of Iowa Code sections 455A.5(6)“a,” 481A.38, 481A.39, 481A.67, 481A.76, 483A.6A, and 483A.39, the Natural Resource Commission (Commission) hereby amends Chapter 44, “Special Events and Fireworks Displays,” and Chapter 81, “Fishing Regulations,” Iowa Administrative Code. These amendments increase paddlefish angler opportunities and establish better conservation-minded practices during catfish and bass fishing tournaments. Specifically, the amendments make the following changes to Chapter 81: add 39 days to the Missouri and Big Sioux Rivers paddlefish fishing season; allow the purchase of up to two Missouri and Big Sioux Rivers paddlefish fishing licenses instead of only one; authorize the snagging of the fish species listed in subrule 81.2(11) in areas previously limited to snagging of only paddlefish with a valid paddlefish fishing license and unfilled tag; and permit the culling of catfish at Department of Natural Resources (DNR)-permitted catch and release, boat-based catfish fishing tournaments. The amendments to Chapter 44 establish a daily catch limit of five catfish per tournament boat team at DNR-permitted catch and release, boat-based catfish fishing tournaments and a five-fish daily possession limit with no length limit for DNR-permitted catch and release bass fishing tournaments. Almost 75 percent of the available Missouri and Big Sioux Rivers paddlefish fishing licenses (743 out of 1,000) were purchased in 2015’s inaugural paddlefish season. In 2016, however, only 406 licenses were purchased. In an effort to increase interest, the Commission has made the following changes: firstly, 39 days are being added to the paddlefish season in the Missouri and Big Sioux Rivers by opening the season earlier (on February 4 instead of March 1) and pushing the closing date later (from April 15 to April 30). Secondly, the amendments authorize anglers to purchase more than one Missouri and Big Sioux Rivers paddlefish license (the current rule limits an angler to only one). The Commission has created two separate buying windows (December 15 to December 31 and January 1 to January 7) so that all interested anglers may have an opportunity to buy one paddlefish license before others buy their second. This is necessary because there are only 950 resident and 50 nonresident paddlefish licenses available and they are issued on a first-come, first-served basis. (Note: The 1,000 license quota was based on the number of paddlefish that could be harvested without causing a population decline. Increasing the season’s length will not cause the harvest to exceed the established quota.) Thirdly, the Commission is authorizing snagging of the fish species listed in subrule 81.2(11) with a valid paddlefish license and unfulfilled tag in areas previously limited to just paddlefish snagging. Snagging is the practice of jerking any type of hook or lure, whether baited or not, through the water with the intention of foul hooking fish (“[a] fish is foul hooked when caught by a hook in an area other than in the fish’s mouth” pursuant to subrule 81.2(11)). Snagging is a valid method of take for paddlefish, so it is a logical extension to include these other species under the license. Once an angler has caught and tagged a paddlefish, however, no further snagging is permissible. The amendments also authorize the culling of catfish at catch and release, boat-based catfish fishing tournaments. Culling—that is, to sort, cull, high-grade, or replace a fish already in one’s possession for another fish deemed superior—is currently not permitted for catfish fishing tournaments. Thus, anglers are keeping catfish in holding devices (either live tanks, stringers, or baskets) up to the legal daily catch limit (8 in lakes, 15 in streams) while participating in these tournaments, but this practice poses a genuine threat to fish health. When so many catfish are temporarily held in these devices, they are ultimately more susceptible to mortality after release due to the physical stress from crowding and oxygen depletion. Therefore, allowing anglers to cull during these tournaments is better for fish health and will prevent overcrowding of fish in holding devices. Additionally, the Commission is amending Chapter 44, “Special Events and Fireworks Displays,” at the request of tournament organizers, by lowering the daily catch limit for catch and release boat-based, catfish fishing tournaments. Lower daily catch limits, in combination with the ability to cull, will address the detrimental overcrowding issue. Tournament organizers have been self-imposing restrictive daily catch limits ranging between three and six fish to sustain fish health. The parties were able to come to a consensus on a new daily catch limit of five per boat regardless of the number of tournament participants on the vessel. Finally, the amendments provide new required permit conditions for catch and release bass fishing tournaments, including requirements related to fish health and possession and length limits. These permit requirements implement 2017 Iowa Acts, Senate File 257, signed by Governor Branstad on April 12, 2017. Tournament participants will now be allowed to possess five black bass of any species (i.e., Largemouth, Smallmouth, or Spotted) and to possess bass of any length. Currently, the daily bag limit is three bass of any one species, with a cumulative, mixed species bag limit of five, and various length limits apply depending on the water body. The existing possession and length limits remain in effect for all anglers not participating in a DNR-permitted catch and release bass fishing tournament. To facilitate the above amendments to the fishing tournament rules, new definitions of “catfish fishing tournament” and “bass fishing tournament” have been adopted and the definition of “fishing tournament” has been amended. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 30, 2017, as ARC 3279C. A public hearing was held on September 19, 2017, in Des Moines, Iowa. No comments were received from the public during the comment period. These amendments are identical to those published under Notice, except for the addition of the phrase “the participants are” in subrule 81.2(13) for clarity. After analysis and review of this rule making, the Commission anticipates a neutral-to-positive impact on private sector jobs from the amendments. All amendments have the support of recreational anglers and catfish and bass tournament organizers, none of whom receive income directly from their involvement or efforts. That said, the amendments are intended to increase recreational angling opportunity, which could translate to a slight increase in revenue for local tackle shops, convenience stores, and outdoor recreational gear stores. A copy of the complete Jobs Impact Statement is available upon request. These amendments are intended to implement Iowa Code sections 481A.38, 481A.39, 481A.67, 481A.76, and 483A.6A, and 2017 Iowa Acts, Senate File 257. These amendments shall become effective on December 13, 2017. The following amendments are adopted.
ITEM 1. Adopt the following new definitions of “Bass fishing tournament” and “Catfish fishing tournament” in rule 571—44.2(321G,321I,461A,462A,481A): "Bass fishing tournament" means an event with the purpose of fishing for black bass as defined in 2017 Iowa Acts, Senate File 257. For purposes of this chapter, “bass fishing tournament” is included in the definition of “special event” unless otherwise specified. "Catfish fishing tournament" means an event with the purpose of fishing for catfish from boats that meets the definition of “fishing tournament.” For purposes of this chapter, “catfish fishing tournament” is included in the definition of “special event” unless otherwise specified. ITEM 2. Amend rule 571—44.2(321G,321I,461A,462A,481A), definition of “Fishing tournament,” as follows: "Fishing tournament" means any organized fishing event, except for department-sponsored fishing events held for educational purposes, involving any of the following: (1) six or more boats or 12 or more participants, except for waters of the Mississippi River, where the number of boats shall be 20 or more and the number of participants shall be 40 or more; (2) an entry fee is charged; andor (3) prizes or other inducements are awarded. For purposes of this chapter, “fishing tournament” is included in the definition of “special event” unless otherwise specified. ITEM 3. Adopt the following new subrule 44.4(3): 44.4(3) Catfish fishing tournaments. The daily catch limit for a catch and release catfish fishing tournament permitted under this chapter is five catfish per boat regardless of the number of tournament participants on the boat. ITEM 4. Adopt the following new subrule 44.4(4): 44.4(4) Bass fishing tournaments. In addition to permit conditions deemed necessary under the introductory paragraph of rule 571—44.4(321G,321I,461A,462A,481A) or under subrule 44.4(2), the permit conditions for bass fishing tournaments shall: a. State the minimum requirements for weigh-in, handling, and release of live bass by tournament participants. b. Allow for the measurement of bass to length and release from a vessel. c. Allow for the possession of up to five bass for weigh-in during the tournament. d. Allow for the possession of bass of any length, so long as the bass are kept alive and are released after weigh-in. e. Require the cleaning of vessels, before and after the tournament, in compliance with department guidelines to prevent the transportation of aquatic invasive species. ITEM 5. Amend paragraph 81.2(4)"b" as follows: b. Snagging for paddlefish on the Missouri and Big Sioux Rivers is limited to Iowa waters only, beginning in the Big Sioux River below the Interstate 29 bridge to the Big Sioux River’s confluence with the Missouri River and in the Missouri River, including all backwaters and sloughs and any tributary of the Missouri River at its confluence and extending below its Interstate 29 bridge, beginning at the Big Sioux River confluence and extending to the Hamburg Landing boat ramp. (1) There shall be an open season from March 1February 4 through April 1530. (2) Snagging hours are from sunrise to sunset. (3) The bag limit is one paddlefish per paddlefish fishing license. (4) The paddlefish fishing license quota is 950 for resident anglers and 50 for nonresident anglers. No one shall apply for more than one license per year. Licenses shall be issued on a first-come, first-served basis. The purchase period to obtain aA person may purchase one paddlefish fishing license shall be from December 15 through January 31December 31 and either a first or second license between January 1 and January 7. No duplicate license or transportation tag shall be issued after the start of the season. (5) Each angler who fishesfishing for paddlefishand any species listed in subrule 81.2(11) on the Missouri and Big Sioux Rivers shall have a valid paddlefish fishing license and unused tag. Anglers possessing a paddlefish fishing license and unused tag shall snag fish for the purpose of catching paddlefish only. All snagged fish except for aspecies listed in subrule 81.2(11) or a legal paddlefish taken into possession shall immediately be released alive. (6) Immediately upon an angler’s taking into possession a legal paddlefish, a valid current year transportation tag issued with the license shall be visibly attached to the fish’s lower jaw. The tag must be attached in such a manner that it cannot be removed without mutilating or destroying the tag. An angler shall not possess a paddlefish fishing license or transportation tag issued to another angler or tag a paddlefish with a transportation tag issued to another angler. The transportation tag shall be attached before the carcass can be moved in any manner from the place of harvest. The transportation tag shall remain affixed to the paddlefish until the paddlefish is processed for consumption. The paddlefish shall remain intact except for the snout in front of the eye until the fish reaches the final processing place. For the purposes of this subrule, the “final processing place” is defined as the angler’s residence or the location where consumption occurs. The transportation tag shall be proof of possession of the carcass by the above-mentioned licensee. During the closed season, the possession of paddlefish on the Missouri and Big Sioux Rivers is prohibited unless the paddlefish are legally taken in Nebraska or South Dakota. (7) No hooks larger than 5/0 treble or measuring more than 1¼ inches in length when two of the hook points are placed on a ruler are permitted when snagging. (8) A gaffe hook or other penetrating device may not be used as an aid in the landing of a snagged fish. ITEM 6. Amend subparagraph 81.2(11)"a" as follows: (8) Missouri River, any Missouri River tributary beginning at its confluence and extending below its Interstate 29 bridge and the Big Sioux River from the Interstate 29 bridge to the confluence with the Missouri River, with the exception of snagging paddlefish and only paddlefishor any of the species listed in subrule 81.2(11) during thepaddlefish open season. ITEM 7. Amend subrule 81.2(13) as follows: 81.2(13) Culling. It is prohibited to sort, cull, high-grade, or replace any fish already in possession. Participants in permitted black bassfishing tournaments are exempted, as are participants in catch and release catfish fishing tournaments if the participants are fishing from a boat with a functioning aerated or water-circulated live well. Any fish taken into possession by holding in a live well, on a stringer or in other fish-holding devices is part of the daily bag limit. Once the daily bag limit of a particular species is reached, fishing for that species is permitted as long as all fish of that species caught are immediately released. [Filed 10/17/17, effective 12/13/17][Published 11/8/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/8/17.ARC 3444CProfessional Licensure Division[645]Adopted and FiledPursuant to the authority of Iowa Code section 147.76, the Board of Barbering hereby amends Chapter 22, “Sanitation,” Iowa Administrative Code. These amendments reduce regulation and update the current standards of infection control. A Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3021C on April 12, 2017. At the time the proposed amendments were presented to the Administrative Rules Review Committee, there were inquiries about the use of disinfectants and the requirements of a dispensary. Barbicide is a brand-name disinfectant that satisfies the definition of “disinfectant.” The amended rules give discretion to the practitioner whether to keep jars of disinfectant at each work station or centrally located. The definition of “dispensary” is based on the requirement that any storage or mixing not take place at the same location where the services are being provided and is not to be construed as a separate room. These amendments are identical to those published under Notice of Intended Action. A waiver provision is not included in this rule making because all administrative rules of the professional licensure boards in the Division of Professional Licensure are subject to the waiver provisions of 645—Chapter 18. These amendments were adopted by the Board on October 9, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 147 and 158. These amendments will become effective on December 13, 2017. The following amendments are adopted.
ITEM 1. Amend 645—Chapter 22, title, as follows:SANITATIONINFECTION CONTROL FOR BARBERSHOPS AND BARBER SCHOOLS ITEM 2. Amend rule 645—22.1(158) as follows:645—22.1(158) Definitions. "Cleaning" refers to removing visible debris and disposable parts, washing the surface or item with water and soap or detergent, rinsing the surface or item thoroughly and drying the surface or item. Cleaning must occur before disinfection can begin. "Disinfectant" means an agentan EPA-registered bactericidal, virucidal, fungicidal, pseudomonacidal chemical solution, spray or wipe that is effective against HIV-1 and human hepatitis B virus and is intended to destroy or irreversibly inactivate specific viruses, bacteria, or pathogenic fungi, but not necessarily their spores, on inanimatenonporous items and surfaces. "Disinfection" means the procedure that kills pathogenic microorganisms, but not necessarily their spores. "Dispensary" means a separate physical location or area in a barbershop or school to be used for the storing and dispensing of supplies and cleaning and disinfecting of all implements. The dispensary is where products, chemicals and disinfectants are prepared, measured, mixed, portioned, and disposed of. "FDA" means the federal Food and Drug Administration. "Germicide" means an agent that destroys germs. "Nonporous" means that a material has no pores and does not allow liquid or air to be absorbed or pass through. Common nonporous materials include glass, metal and plastic products. "Porous" means that a material has minute spaces or holes that allow liquid or air to be absorbed or pass through. Common porous materials include pumice stone, wood, paper and cardboard products. "Sanitization" means the procedure that reduces the level of microbial contamination so that the item or surface is considered safe. "Sterilization" means the procedure that kills all microorganisms, including their spores. "Universal precautions" means practices consistently used to prevent exposure to blood-borne pathogens and the transmission of disease. "Wash hands" means the process of thoroughly washing hands and the exposed portions of the arms up to the elbow with soap or detergent and water and drying with a single-use towel or air dryer. Bar soap shall not be considered to be a sanitizing agent. ITEM 3. Rescind rule 645—22.2(158) and adopt the following new rule in lieu thereof:645—22.2(158) Infection control rules and inspection report. Upon request, the licensee shall make Chapter 22, Infection Control for Barbershops and Barber Schools, and the most recent inspection report available to the board, agents of the board, all persons employed or studying in a barbershop or school, and the general public. ITEM 4. Rescind rule 645—22.3(147) and adopt the following new rule in lieu thereof:645—22.3(147) Display requirements for barbershops. 22.3(1) Every barbershop shall have a sign visible outside the entrance designating the place of business. 22.3(2) The most current barbershop license renewal card shall be posted in the barbershop front entrance area at eye level, so that it is visible, to provide the public a full, unobstructed view of the license. Photocopies and electronic copies are not acceptable. 22.3(3) The most current license renewal card for each licensee working in the barbershop shall be posted in the barbershop front entrance area at eye level, so that it is visible, to provide the public a full, unobstructed view of the license. Photocopies and electronic copies are not acceptable. 22.3(4) If the licensee works in more than one barbershop, the current renewal card shall be posted in the primary place of practice, and the licensee shall have the current wallet card in the licensee’s possession. 22.3(5) Each licensee shall have a valid U.S. government-issued photo ID to provide to an agent of the board upon request as proof of identity. ITEM 5. Amend rule 645—22.5(158) as follows:645—22.5(158) Building standards. Barbershops and schools shall provide:- A separate area to be used as a reception area;
- A supply of hot and cold running water and toilet facilities;
- A supply of safe drinking water;
- Hand washing facilities;
- Adequate lighting;
- A floor surface in the service area that is nonabsorbent and easily cleanable;
- A minimum of one washbasin or lavatory for every two barber chairs in use. The washbasins or lavatories shall be readily accessible to the operator of each barber chair; and
- Work surfaces that are easily cleaned.;
- A dispensary; and
- A complete first-aid kit in a readily accessible location on the premises. At a minimum, the first-aid kit must include adhesive dressing, gauze and antiseptic, tape, triple antibiotics, eyewash, and gloves.
- At least one covered waste receptacle for the disposal of all waste, including hair;
- Receptacles to hold all soiled towels and capes;
- Clean, closed cabinets or drawers to hold all clean towels;
- Disinfectant solution kept in the storage area and at each workstationdispensary, and at each workstation at the discretion of the individual licensee or barbershop owner; and
- A mechanical paper container and clean shaving paper or clean towel for each barber chair headrest.
Pursuant to the authority of Iowa Code section 147.76, the Iowa Board of Physical and Occupational Therapy hereby amends Chapter 200, “Licensure of Physical Therapists and Physical Therapist Assistants,” and Chapter 206, “Licensure of Occupational Therapists and Occupational Therapy Assistants,” Iowa Administrative Code. These amendments update the Board’s Web site address, add the Web site address to apply online, revise the requirements for an incomplete application, revise the requirements for foreign-trained applicants, change one of the requirements for endorsement applicants, remove the requirement for a notarized copy of a diploma for occupational therapy licensure, and remove the option to practice as an occupational therapy applicant prior to licensure. Notice of Intended Action was published in the Iowa Administrative Bulletin on August 2, 2017, as ARC 3221C. A public hearing was held on August 22, 2017, from 8 to 8:30 a.m. in the Fifth Floor Board Conference Room 526, Lucas State Office Building, Des Moines, Iowa. No public comments were received on the proposed amendments. These amendments are identical to those published under Notice. These amendments were adopted by the Iowa Board of Physical and Occupational Therapy on October 9, 2017. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code chapters 147, 148A, 148B, and 272C. These amendments will become effective on December 13, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 200.2(1) as follows: 200.2(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure)(www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. Allpaper applications shall be sent tothe Board of Physical and Occupational Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. ITEM 2. Rescind subrule 200.2(8) and adopt the following new subrule in lieu thereof: 200.2(8) Submitting complete application materials. An application for a physical therapist or physical therapist assistant license will be considered active for two years from the date the application is received. If the applicant does not submit all materials within this time period or if the applicant does not meet the requirements for the license, the application shall be considered incomplete. An applicant whose application is filed incomplete must submit a new application, supporting materials, and the application fee. The board shall destroy incomplete applications after two years. ITEM 3. Rescind subparagraphs 200.5(1)"a" and 200.5(1)"a". ITEM 4. Amend paragraph 200.5(2)"a" as follows: a. Submit an English translation and an equivalency evaluation of their educational credentials through the following organization: Foreign Credentialing Commission on Physical Therapy, Inc., 124 West Street South, Third Floor, Alexandria, VA 22314; telephone (703)684-8406; Web site www.fccpt.org. The credentials of a foreign-educated physical therapist or foreign-educated physical therapist assistant licensure applicantwho does not hold a license in another state or territory of the United States and is applying for licensure by taking the examination should be evaluated using themost current version of the Federation of State Boards of Physical Therapy (FSBPT) Coursework Tool (CWT). The credentials of a foreign-educated physical therapist or physical therapist assistant who has been a licensed PT or PTA under the laws of another jurisdiction should be evaluated using the version of the FSBPT CWT that covers the date the applicant graduated from the applicant’s respective physical therapist or physical therapist assistant education program. A credentialing agency should use the version for the CWT that coincides with the professional educational criteria that were in effect on the date the applicant graduated from the applicant’s respective physical therapy education program. This same process should be used for first-time licensees and for those seeking licensure through endorsement. The professional curriculum must be equivalent to the Commission on Accreditation in Physical Therapy Education standards. An applicant shall bear the expense of the curriculum evaluation. ITEM 5. Amend paragraph 200.7(2)"d" as follows: d. Have successfully passed the examination within a period of one yeartwo years from the date of examination to the time application is completed for licensure. ITEM 6. Amend rule 645—206.2(147) as follows:645—206.2(147) Requirements for licensure. The following criteria shall apply to licensure: 206.2(1) The applicant shall complete a board-approved application packet. Application forms may be obtained from the board’s Web site (http://www.idph.state.ia.us/licensure)(www.idph.iowa.gov/licensure) or directly from the board office, or the applicant may complete the application online at ibplicense.iowa.gov. Allpaper applications shall be sent tothe Board of Physical and Occupational Therapy, Professional Licensure Division, Fifth Floor, Lucas State Office Building, Des Moines, Iowa 50319-0075. 206.2(2) The applicant shall complete the application form according to the instructions contained in the application. If the application is not completed according to the instructions, the application will not be reviewed by the board. 206.2(3) Each application shall be accompanied by the appropriate fees payable by check or money order to the Board of Physical and Occupational Therapy. The fees are nonrefundable. 206.2(4) No application will be considered by the board until official copies of academic transcripts sent directly from the school to the board have been received by the board. 206.2(5) The applicant shall provide a notarized copy of the certificate or diploma indicating the degree awarded to the applicant, if the degree is not indicated on the official transcript. 206.(6) 206.2(5) The licensure examination score shall be sent directly from the examination service to the board to confirm a passing score on the examination. 206.(7) 206.2(6) Licensees who were issued their initial licenses within six months prior to the renewal date shall not be required to renew their licenses until the renewal date two years later. 206.2(7) Submitting complete application materials. An application for an occupational therapist or occupational therapy assistant license will be considered active for two years from the date the application is received. If the applicant does not submit all materials within this time period or if the applicant does not meet the requirements for the license, the application shall be considered incomplete. An applicant whose application is filed incomplete must submit a new application, supporting materials, and the application fee. The board shall destroy incomplete applications after two years. 206.2(8) Incomplete applications that have been on file in the board office for more than two years shall be: a. Considered invalid and shall be destroyed; or b. Maintained upon written request of the candidate. The candidate is responsible for requesting that the file be maintained. ITEM 7. Rescind and reserve rule 645—206.4(147). ITEM 8. Amend rule 645—206.5(147) as follows:645—206.5(147) Practice of occupational therapy limited permit holders and endorsement applicants prior to licensure. 206.5(1) Occupational therapist limited permit holders and endorsement applicants working prior to licensure may: a. Evaluate clients, plan treatment programs, and provide periodic reevaluations only under supervision of a licensed OT who shall bear full responsibility for care provided under the OT’s supervision; and b. Perform the duties of the occupational therapist under the supervision of an Iowa-licensed occupational therapist, except for providing supervision to an occupational therapy assistant. 206.5(2) Occupational therapy assistants,andlimited permit holders and endorsement applicants working prior to licensure shall: a. Follow the treatment plan written by the supervising OT outlining the elements that have been delegated; and b. Perform occupational therapy procedures delegated by the supervising OT as required in subrule 206.8(4). ITEM 9. Amend rule 645—206.9(147) as follows:645—206.9(147) Licensure by endorsement. An applicant who has been a licensed occupational therapist or occupational therapy assistant under the laws of another jurisdiction shall file an application for licensure by endorsement with the board office. The board may receive by endorsement any applicant from the District of Columbia, another state, territory, province or foreign country who:- Submits to the board a completed application;
- Pays the licensure fee;
- Shows evidence of licensure requirements in the jurisdiction in which the applicant has been licensed that are similar to those required in Iowa;
- Submits official results from the appropriate professional examination sent directly from the examination service to the board;
- Provides official copies of the academic transcripts sent directly from the school to the board;
- Provides verification of license(s) from every jurisdiction in which the applicant has been licensed, sent directly from the jurisdiction(s) to the board office. Web-based verification may be substituted for verification direct from the jurisdiction’s board office if it provides:
- Licensee’s name;
- Date of initial licensure;
- Current licensure status; and
- Any disciplinary action taken against the license; and
- Shows evidence of one of the following:
- Completion of 30 hours for an occupational therapist and 15 hours for an occupational therapy assistant of board-approved continuing education during the immediately preceding two-year period;
- The practice of occupational therapy for a minimum of 2,080 hours during the immediately preceding two-year period as a licensed occupational therapist or occupational therapy assistant;
- Serving as a full-time equivalent faculty member teaching occupational therapy in an accredited school of occupational therapy for at least one of the immediately preceding two years; or
- Successfully passing the examination within a period of one yeartwo years from the date of examination to the time application is completed for licensure.
Pursuant to the authority of Iowa Code sections 99D.7 and 99F.4, the Racing and Gaming Commission hereby amends Chapter 5, “Track, Gambling Structure, and Excursion Gambling Boat Licensees’ Responsibilities,” and Chapter 10, “Thoroughbred and Quarter Horse Racing,” Iowa Administrative Code. The amendment in Item 1 to subrule 5.4(12), which relates to problem gambling policies and procedures, specifically, voluntary exclusion, implements legislation passed in 2017 to amend Iowa Code sections 99D.7(23) and 99F.4(22). The amendment in Item 2 to paragraph 10.7(1)“k,” which relates to racehorse medication requirements, implements legislation passed in 2017 to amend Iowa Code section 99D.25A. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3255C on August 16, 2017. A public hearing was held on September 5, 2017. No one attended the hearing, and no comments were received. 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 chapters 99D and 99F and 2017 Iowa Acts, Senate File 442 and House File 568. These amendments will become effective December 13, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 5.4(12) as follows: 5.4(12) Problem gambling. a. The holder of a license to operate gambling games shall adopt and implement policies and procedures designed to: (1) Identify problem gamblers; and (2) Allow persons to be voluntarily excluded forfive years or life from all facilities. Each facility will disseminate information regarding the exclusion to all other facilities. b. The policies and procedures shall be developed in cooperation with the gambling treatment program and shall include without limitation the following: (1) Training of key employees to identify and report suspected problem gamblers; (2) Procedures for recording and tracking identified problem gamblers; (3) Policies designed to prevent serving alcohol to intoxicated casino patrons; (4) Steps for removing problem gamblers from the casino; and (5) Procedures for preventing reentry of problem gamblers. c. A licensee shall include information on the availability of the gambling treatment program in a substantial number of its advertisements and printed materials. ITEM 2. Amend paragraph 10.7(1)"k" as follows: k. Non-steroidal anti-inflammatory drugs (NSAIDs). (1) The use of one of three approved NSAIDs shall be permitted under the following conditions:- The level does not exceed the following permitted serum or plasma threshold concentrations which are consistent with administration by a single intravenous injection at least 24 hours before the post time for the race in which the horse is entered:
- Phenylbutazone (or its metabolite oxyphenylbutazone) – 52 micrograms per milliliter;
- Flunixin – 20 nanograms per milliliter;
- Ketoprofen – 2 nanograms per milliliter.
- The NSAIDs listed in numbered paragraph “1” or any other NSAIDs are prohibited from being administered within the 24 hours before post time for the race in which the horse is entered.
- The presence of more than one of the three approved NSAIDs, with the exception of phenylbutazone in a concentration below 1 microgram0.3 micrograms per milliliter, flunixin in a concentration below 3 nanograms per milliliter, or ketoprofen in a concentration below 1 nanogram per milliliter of serum or plasma, or the presence of any unapproved NSAID in the post-race serum or plasma sample is not permitted. The use of all but one of the approved NSAIDs shall be discontinued at least 48 hours before the post time for the race in which the horse is entered.
Pursuant to the authority of Iowa Code section 17A.3 and 2017 Iowa Acts, House File 516, the Secretary of State hereby amends Chapter 21, “Election Forms and Instructions,” Chapter 22, “Voting Systems,” Chapter 26, “Counting Votes,” and Chapter 28, “Voter Registration File (I-Voters) Management,” Iowa Administrative Code. These amendments are necessary because the General Assembly has enacted 2017 Iowa Acts, House File 516. The Secretary of State has determined that as a result of this newly enacted law, the following amendments are necessary to keep the administrative rules in compliance with the Iowa Code. House File 516 makes significant changes to elections in the state of Iowa, creating the need to update Chapters 21, 22, 26, and 28, which are chapters that contain elections rules in the Iowa Administrative Code. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3282C on August 30, 2017. The Secretary received written comments from a jointly issued letter signed by several organizations. A public hearing was held on October 16, 2017, at which comments were also received. While many of the comments related to the enactment of 2017 Iowa Acts, House File 516, one of the written comments prompted a change to the amendments proposed in Item 2 of the Notice of Intended Action. As a result of the feedback from the public, the Secretary decided to exclude a portion of the proposed language in paragraph 21.3(6)“a” in Item 2. Subrule 21.3(6) in Item 2 concerns factors that a poll worker may use in determining whether the would-be voter matches the voter identification that is presented. There were concerns that the proposed language in paragraph 21.3(6)“a” risked impugning voters with disabilities. Therefore, the proposed language in paragraph 21.3(6)“a” was not adopted, and the paragraph has been revised to read as follows: “a. Changes to the voter’s physical appearance or signature,” Questions and comments were also submitted after the public hearing. Based on those comments, the Secretary agrees that the same goals can be reached with simpler language. To achieve further clarification, the proposed amendment to paragraph 21.4(1)“c” in Item 3 has been revised to replace the word “and” with the word “through.” The paragraph now reads as follows: “c. Present proof of residence and identity as required by subrules 21.3(1) through 21.3(4).” After analysis and review of this rule making, no negative impact on jobs has been found. These amendments are intended to implement 2017 Iowa Acts, House File 516. These amendments will become effective December 31, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 21.2(2) as follows: 21.2(2) Original absentee ballot applications. The original absentee ballot application submitted electronically shall also be mailed or delivered to the commissioner. If mailed, the envelope bearing the original absentee ballot application shall be postmarked not later than the Friday before the electionvoter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. This subrule shall not apply to documents submitted electronically by UOCAVA voters pursuant to rule 721—21.320(53). a. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the original absentee ballot application which was filed electronically is not received by the time the polls close on election day. b. The voter’s absentee ballot shall be rejected by the absentee and special voters precinct board if the postmark or Intelligent Mail barcode (IMb) on the envelope containing the original absentee ballot application is either illegible or later than the Friday before the electionvoter registration deadline provided in Iowa Code section 48A.9 for the election for which the ballot is requested. ITEM 2. Amend rule 721—21.3(49,48A) as follows:721—21.3(49,48A) Voter identification documents. 21.3(1) Identification documents for persons other than election day registrants. a. Unless the person is registering to vote at the polls on election day, precinct election officials shall accept the identification documents listed in Iowa Code section 48A.8and 2017 Iowa Acts, House File 516, section 27, from any person who is asked or required to present identification pursuant to Iowa Code section 49.77. b. Current and valid identification. “Current and valid” or “identification,” for persons other than election day registrants, means identification that meets the following criteria: (1) Iowa driver’s licenses and nonoperator’s identification cards used to establish identity pursuant to 2017 Iowa Acts, House File 516, section 27, shall be accepted up to 90 days after the expiration date listed on the license. It is still acceptable on the ninetieth day. An Iowa nonoperator’s identification card that does not expire shall be considered current and valid. (2) Veterans and military identification cards that do not contain an expiration date or that do not expire and voter identification cards issued pursuant to 2017 Iowa Acts, House File 516, section 18, shall be considered current and valid. (3) For registration pursuant to Iowa Code section 48A.8, the proof of residence must be dated, or describe terms of residency current to, within 45 days prior to submission. (4) All other forms of identification used to establish identity pursuant to 2017 Iowa Acts, House File 516, section 27, shall not be expired. An identification is still valid on the expiration date. c. A current and valid identification may include a former address, when used for identification purposes only. 21.3(2) Identification for election day registrants. a. A person who applies to register to vote on election day shall provide proof of identity and residence pursuant to Iowa Code section 48A.7Aand 2017 Iowa Acts, House File 516, section 27, in the precinct where the person is applying to register and vote. b. Any registered voter who attests for another person registering to vote at the polls on election day shall be a registered voter of the same precinctmeet the requirements in Iowa Code section 48A.7A. The registered voter may be a precinct election official or a pollwatcher, but may not attest for more than one person applying to register at the same election. c. Current and valid identification. “Current and valid” or “identification,” for the purposes of election day registration, means identification that meets the following criteria: (1) The expiration date on the identification card has not passed. An identification is still valid on the expiration date. An Iowa nonoperator’s identification card that does not expire shall be considered current and valid. (2) Veterans and military identification cards that do not contain an expiration date or that do not expire and voter identification cards issued pursuant to 2017 Iowa Acts, House File 516, section 18, shall be considered current and valid. d. A current and valid identification may include a former address, when used for identification purposes only. 21.3(3) Current and valid identification. a. “Current and valid” or “identification,” for the purposes of this rule, means identification that meets the following criteria: (1) The expiration date on the identification has not passed. An identification is still valid on the expiration date. An Iowa nonoperator’s identification that shows “none” as the expiration date shall be considered current and valid. (2) The identification has not been revoked or suspended. b. A current and valid identification may include a former address. 21.3(3) Proof of residence standards for all voters. Any person required to present proof of residence pursuant to Iowa Code sections 48A.7A and 48A.8 shall provide documentation that meets the following requirements: a. The proof of residence document must be listed in Iowa Code section 48A.7A or 48A.8. b. The document must be current within 45 days of election day, unless otherwise provided by law. c. A residential lease’s stated term must include election day. d. Property tax statements are current within 45 days of March 31 or the final payment date, if the final payment date is stated in the document. 21.3(4) Identification not provided. AAfter January 1, 2019, a person who has been requestedis required to provide identification and does not provide it shall vote only by provisional ballot pursuant to Iowa Code section 49.81. However, a person who is registering to vote on election day pursuant to Iowa Code section 48A.7A may establish identity and residency in the precinct by written oath of a person who is registered to vote in the precinct.A registered voter may only attest for one election day registrant. 21.3(5) Attesting to identity by signing oath. A person who cannot show proof of identity at the polls may swear to the oath appearing in 2017 Iowa Acts, House File 516, section 27(8). This provision is repealed effective January 1, 2019. 21.3(6) Determination of identity and residency. Proof of identity and residence of persons offering to vote is presumed valid unless the precinct election official determines the proof offered does not match the voter. In determining whether a person offering to vote is eligible under Iowa Code section 48A.7A and Iowa Code chapter 49, precinct election officials shall consider all of the information presented by the person offering to vote prior to determining that the person is not eligible. The following are factors that shall be considered by precinct election officials in making the determination: a. Changes to the voter’s physical appearance or signature, b. Time elapsed since the proof was generated, subject to the Iowa Code sections that govern the validity and expiration timelines of the proof, c. Other documentation allowable under Iowa Code chapter 48A to prove the facts in question. 21.3(7) Post-election day proof of identity or residency. As of January 1, 2019, a person required to cast a provisional ballot under this rule may submit proof of identity or residence after election day. The proof must be received by the commissioner not later than 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, it must be received by the commissioner before the canvass for that election by the board of supervisors. Defects may be cured through the use of documentation as permitted under Iowa Code section 48A.7A or 2017 Iowa Acts, House File 516, section 27. If such defects are cured, the voter’s ballot shall be counted. This rule is intended to implement Iowa Code sections 48A.7A and 49.77, 2017 Iowa Acts, House File 516, section 27, and P.L. 107-252, Section 303the Help America Vote Act. ITEM 3. Amend subrule 21.4(1) as follows: 21.4(1) To qualify to vote in the election being held that day, the voter shall: a. Go to the polling place for the precinct where the voter lives on election day. b. Complete a registration form showing the person’s current address in the precinct. c. Present proof ofresidence and identity as required by subrulesubrules 21.3(1)through 21.3(4). ITEM 4. Amend rule 721—21.5(49) as follows:721—21.5(49) Eligibility declarations in the election register. To compensate for the absence of a separate declaration of eligibility form, the commissioner shall provide to each precinct a voter roster with space for each person who appears at the precinct to vote to print the following information: first and last name, address,date of birth, and, at the voter’s option, telephone number, and, in primary elections, political party affiliation.The roster forms shall include the name and date of the election and the name of the precinct, and may be provided on paper that makes carbonless copies. If a multicopy form is used, the commissioner shall retain the original copy of the voter roster with other records of the election. This rule is intended to implement Iowa Code section 49.77. ITEM 5. Amend rule 721—21.7(48A) as follows:721—21.7(48A) Election day registration. In addition to complying with the identification provisions in rule 721—21.3(49,48A), precinct election officials shall comply with the following requirements: 21.7(1) Precinct election officials shall inspect the identification documents presented by election day registrants to verify the following: a. The photograph shows the person who is registering to vote, and the document has not expired. b. The name on the identification document is the same as the name of the applicant. c. The address on the identificationproof of residence document is in the precinct where the person is registering to voteand is current within 45 days. 21.7(2) Precinct election officials shall verify that each person who attempts to attest to the identity and residence of a person who is registering to vote on election day is a registered voter in the precinct and has not attested for any other voter in the election. The officials shall note in the election register that the person has attested for an election day registrant. 21.7(3) Precinct election officials shall permit any person who is in line to vote at the time the polls close to register and vote on election day if the person otherwise meets all of the election day registration requirements. 21.7(4) In precincts where an electronic program is not used to check the name of an election day registrant against the statewide list of felons who have had their right to vote revoked, precinctthe voter shall be required to cast a provisional ballot. The voter shall be allowed to present evidence of the person’s right to vote until 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, the evidence must be received by the commissioner before the canvass for that election by the board of supervisors. Precinct election officials shall provide each election day registrant with a “Notice to Election Day Registrants” prepared by the state commissioner before allowing the voter to register and vote on election day. The “Notice to Election Day Registrants” prepared by the state commissioner will be posted on the state commissioner’s Web site. This rule is intended to implement Iowa Code section 48A.7A. ITEM 6. Adopt the following new rule 721—21.15(49):721—21.15(49) Proof of residence or identification after casting provisional ballot. If a voter casts a provisional ballot pursuant to Iowa Code section 49.81 or 2017 Iowa Acts, House File 516, section 27, the voter must offer the required proof of residency or identification to vote in the polling place before the polls close on election day, or to the commissioner’s office in order for the ballot to be counted. The proof must be received by the commissioner not later than 12 noon on the Monday following the election, or if the law authorizing the election specifies that the supervisors canvass the votes earlier than the Monday following the election, the proof must be received by the commissioner before the canvass for that election by the board of supervisors. This rule is intended to implement 2017 Iowa Acts, House File 516, section 27, and Iowa Code section 49.81 as amended by 2017 Iowa Acts, House File 516. ITEM 7. Adopt the following new rule 721—21.52(48A):721—21.52(48A) Request for new voter identification card. 21.52(1) If a voter’s identification card is lost or damaged, the registered voter may request a new card in person at the commissioner’s office by showing identification, or by a written, signed request to the commissioner’s office. Upon receiving the request, the commissioner shall print and mail a new voter identification card. 21.52(2) If the voter appears in person but does not have the correct form of identification, the commissioner shall verify the voter’s identity by asking the voter to provide at least two of the following personal facts: a. Date of birth; b. Last four digits of the voter’s social security number (if the number is stored within I-Voters); c. Driver’s license or nonoperator’s identification card number (if the number is stored within I-Voters); d. Address; e. Middle name; f. Voter verification number pursuant to Iowa Code section 53.2(4).Upon the successful verification of the voter, the commissioner shall issue a new copy of the voter identification card over the counter. If the voter is unable to respond correctly to at least two of the questions in this subrule, the commissioner shall not issue a copy of the voter identification to the voter. This rule is intended to implement 2017 Iowa Acts, House File 516, section 18. ITEM 8. Adopt the following new rule 721—21.76(48A):721—21.76(48A) Electronic poll book training for poll workers. The state commissioner shall create and maintain training materials for poll workers relating to voter identification and the use of electronic poll books. The training materials shall be available from the state commissioner’s Web site. This rule is intended to implement Iowa Code section 48A.7A as amended by 2017 Iowa Acts, House File 516, section 16. ITEM 9. Adopt the following new rule 721—21.77(49):721—21.77(49) Photographing ballots. A voter may not use a photographic device to display a voted ballot if doing so interferes with other voters or the orderly operation of the polling location or violates any part of Iowa Code chapter 39A. The display shall only include the voter and the voter’s ballot.“Interferes,” for purposes of this rule, means loitering, congregating, interrupting, or hindering a voter from approaching the poll booth for the purpose of voting, or while the voter is inside the enclosed voting space when marking a ballot. This rule is intended to implement Iowa Code section 49.88 as amended by 2017 Iowa Acts, House File 516, section 38. ITEM 10. Adopt the following new rule 721—21.101(47):721—21.101(47) State commissioner’s review of complaints. Upon receiving credible information that a commissioner may have violated a provision in Iowa Code chapters 39 through 52, the state commissioner shall require the commissioner to provide more information, or certification that the commissioner complied with the relevant law. The determination of credibility is solely at the discretion of the state commissioner. The state commissioner may require a complaining party to provide more information. The state commissioner may reject anonymous complaints without any additional inquiry. If it appears that the complaint originated from the commissioner’s office, the state commissioner shall consult with the attorney general before proceeding.If the state commissioner determines that a commissioner has not sufficiently responded to the inquiry, the state commissioner may issue a notice of infraction pursuant to Iowa Code chapter 39A, or refer the matter to the appropriate law enforcement agency, or both. This rule is intended to implement Iowa Code section 47.1 as amended by 2017 Iowa Acts, House File 516, section 41. ITEM 11. Adopt the following new rule 721—21.102(49):721—21.102(49) Commissioner’s filings and notifications to state commissioner. 21.102(1) The commissioner shall certify to the state commissioner that all relevant election laws and requirements were followed as required by Iowa law. A form for the certification shall be published to the state commissioner’s Web site, pursuant to 2017 Iowa Acts, House File 516, section 41. 21.102(2) The commissioner shall report each suspected incidence of election misconduct to the state commissioner regardless of proximity to any election, pursuant to 2017 Iowa Acts, House File 516, section 41(4). The commissioner shall provide to the state commissioner all updates as they are received by the commissioner from law enforcement. This rule is intended to implement 2017 Iowa Acts, House File 516, section 41. ITEM 12. Amend subrule 21.203(1) as follows: 21.203(1) Required information. In addition to other requirements listed in the Iowa Code, general election ballots shall also include the following information: a. The name of the election. b. The name of the county. c. Instructions for how to mark the ballot, including instructions for voting on judicial retentions and constitutional amendments or public measures and instructions for straight-party voting. d. Ballot location of the judges’ names and any constitutional amendment(s). ITEM 13. Amend subrule 21.301(3) as follows: 21.301(3) Absentee ballots received from a voter subsequently assigned “inactive” status. a. The commissioner shall mail an absentee ballot to a voter if a voter’s status is changed to “inactive” between the time the voter requested an absentee ballot and the time the absentee ballots are ready to mail. The commissioner shall also separately notify the voter of the requirement to provide identificationand proof of residence before the ballot can be counted pursuant to paragraph 21.301(3)“c.” b. The commissioner shall set aside the absentee ballot of a voter whose status is changed to “inactive” pursuant to Iowa Code section 48A.26, subsection 6, after the voter has submitted the voter’s absentee ballot. c. Pursuant to Iowa Code section 53.31, the commissioner shall notify any voter assigned an “inactive” status subsequent to requesting or returning an absentee ballot that the voter’s absentee ballot has been challenged and may be counted only if the voter personally delivers or mails a copy of the voter’s identificationand proof of residence as listed in Iowa Code section 48A.8 to the commissioner’s office before the absentee and special voters precinct board convenes to count absentee ballots, or reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22. If the commissioner does not receive a copy of the voter’s identification before the absentee and special voters precinct board reconvenes to consider challenged absentee ballots pursuant to Iowa Code section 50.22, the absentee and special voters precinct board shall reject the absentee ballot. ITEM 14. Adopt the following new rule 721—21.306(53):721—21.306(53) Incomplete absentee ballot applications. If the commissioner receives an absentee ballot request lacking any of the information required by 2017 Iowa Acts, House File 516, section 6(4)(a), the commissioner shall obtain the necessary information by the best means available pursuant to 2017 Iowa Acts, House File 516, section 6(4)(a). “Best means available,” for the purposes of this rule, means contacting the voter directly by mail, e-mail, or telephone or in person. Commissioners may not use the voter registration system to obtain the information. 21.306(1) If the voter does not have current access to the voter identification card, the commissioner shall verify the voter’s identity by asking the voter to provide at least two of the following facts about the voter: a. Date of birth; b. Last four digits of the voter’s social security number (if the number is stored within I-Voters); c. Driver’s license or nonoperator’s identification card number (if the number is stored within I-Voters); d. Address; e. Middle name; f. Voter verification number pursuant to Iowa Code section 53.2(4). 21.306(2) If an unregistered person offering to vote an absentee ballot pursuant to Iowa Code section 53.10 or 53.11 prior to the pre-registration deadline does not have an Iowa-issued driver’s license, a nonoperator’s identification card, or a voter identification card, the person may satisfy residence and identity requirements in the manner described by 2017 Iowa Acts, House File 516, section 27. This section shall also apply to a registered voter casting a ballot pursuant to Iowa Code section 53.10 or 53.11 who has not yet received a voter verification number. 21.306(3) This provision shall not apply to the absence of a preferred political party ballot for primaries held pursuant to Iowa Code section 53.2(5). This rule is intended to implement Iowa Code section 53.2 as amended by 2017 Iowa Acts, House File 516, section 6. ITEM 15. Adopt the following new rule 721—21.307(49,53):721—21.307(49,53) Updating signatures on file. A registered voter may update the signature on record with the commissioner at any time. A commissioner shall not require a reason from the voter for the change. The state commissioner shall prescribe a form for the signature update. The form must include the voter’s name and the voter’s verification number. The form shall be published on the state commissioner’s Web site. A written request with the required information shall not require the form. Upon receiving the signature update request, the commissioner shall verify the information on the form. If the required information is valid, the commissioner shall scan the form into I-Voters. This action shall be processed as a ministerial update and shall not be processed as a change to the voter registration record. If the registrant is attempting to vote pursuant to Iowa Code section 53.10 or 53.11, the registrant shall provide proof of identity prior to submitting the update. This rule is intended to implement 2017 Iowa Acts, House File 516, section 27, and Iowa Code section 53.18 as amended by 2017 Iowa Acts, House File 516, section 31. ITEM 16. Amend paragraph 21.359(5)"a" as follows: a. The process shall be witnessed by observers appointed by the county chairperson of each of the political parties referred to in Iowa Code section 49.13, subsection 2. If, after receiving notice from the commissioner pursuant to Iowa Code section 53.23, subsection 3, paragraph “a,” either or bothany of the political parties fail to appoint an observerobservers, the commissioner may continue with the proceedings. ITEM 17. Rescind and reserve subrule 22.11(4). ITEM 18. Rescind paragraph 22.41(1)"f". ITEM 19. Amend rule 721—22.42(52) as follows:721—22.42(52) Preparing test decks. The commissioner shall prepare test decks from all ballots printed for use in the election, including those for use at the polling places and for absentee balloting. Each of the following test decks shall be prepared for every precinct and ballot style in the election. Commissioners may use additional test methods to supplement the process described in this rule. 22.42(1) Requirements for all test decks prepared by the commissioner and used in public testing. The commissioner shall: a. Replace ballots spoiled during the marking process instead of attempting to correct errors. b. Fill in each oval completely using the recommended pen, pencil or AutoMARK VATvoter assist terminal. c. Mark each ballot “Test Ballot.” d. Mark at least one valid vote for each candidate and question on the ballot using the OVI unit (if applicable). The ballots marked by the OVI unit may be used as part of the systematic or straight party test deck (if applicable). e. Mark at least one valid vote for each candidate and question on the ballot using the ImageCast Evolution or ImageCast Precinct with audio and printer (if applicable). The ballots marked by one of these units may be used as part of the systematic or straight party test deck (if applicable). 22.42(2) Required test method. The commissioner shall: a. Prepare a test plan showing the planned number of votes, including undervotes and overvotes for each oval on the ballot. Follow the instructions in subrules 22.42(3) through 22.42(5) in preparing the test decks. b. Mark the test ballots according to the test plan. c. Print a zero totals report from the optical scan tabulator before inserting any ballots. d. Insert the ballots into the optical scan tabulator and print a report showing the number of votes recorded for all offices, questions and judges, including undervotes and overvotes. e. Compare the printed report with the test plan to ensure that the correct number of votes was counted for each oval. f. If the commissioner finds errors, the commissioner shall identify and correct them. The commissioner shall repeat the testing process until the printed results from the tabulator match the test plan. If the commissioner cannot produce an errorless test, the equipment shall not be used in the election. 22.42(3) Systematic test deck. The commissioner shall determine a unique number of votes for each candidate in each office, such as one vote for each write-in oval for the office, two votes for the first candidate listed (or “NO” votes on public measures and judges), three votes for the second candidate, etc. It is not necessary to have a different number of votes for each write-in oval for offices for which the voter may select more than one candidate. However, the write-in oval shall have a different number of votes marked than any candidate for the office. The commissioner shall: a. On general election ballots, leave the straight party choice blank. b. a. For offices without candidates, mark all of the write-in ovals for that office. c. b. For offices in which the voter may vote for more than one candidate, vote for the maximum allowed on at least one ballot. d. c. On a ballot that contains at least one valid vote, overvote one other office or question. 22.42(4) System-specific testing requirements. Separate tests are prescribed for each certified voting system. a. Election Systems & Software, Unisyn OpenElect and Dominion Democracy Suite—overvote and blank ballot test.For an overvote and blank ballot test, the commissioner shall: (1) Overvote all offices and questions (including judges) on one ballot, by marking one more vote than permitted. Do not mark the write-in ovals for any offices for which there are no candidates’ names on the ballot. (2) If the test is for ballots that will be used in a general election, mark two straight party votes on one ballot. Do not mark any other ovals. In the test plan, this ballot should be tallied to show that the straight party selection was overvoted, and to show undervotes for all other offices and questions on the ballot. (3) (2) When the overvoted ballots are rejected by the optical scan tabulator, override the rejection and include the ballot in the tally. Add to the manual tally the number of overvotes in this test. The tally for this part of the test deck will show no votes for any candidate. (4) (3) Insert a blank ballot. When the blank ballot is rejected by the optical scan tabulator, override the rejection and include the ballot in the tally. This is a very important test of the accuracy of ballot printing. Printing errors sometimes put readable marks in the voting target area. (5) (4) Orientation test. Mark the maximum number of choices for each office and question on one ballot.Scan this ballot in each of the four possible orientations:- Leave one ballot completely blank.
- On the second ballot, mark every oval on both sides of the ballot.
- Select “Test Blank Ballots” and insert the blank ballot in all four orientations:
- Face up, head first.
- Face down, head first.
- Face up, feet first.
- Face down, feet first.
- Select “Test Fully Voted Ballots” and insert the second ballot in each of the four orientations listed in numbered paragraph “3” above.
- Reinsert the blank ballot and the fully voted ballot and override the rejection feature.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 314.1A, the Iowa Department of Transportation, on October 11, 2017, adopted amendments to Chapter 180, “Public Improvement Quotation Process for Governmental Entities,” Iowa Administrative Code. The following explains each item in this rule making:
Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 321.20, the Iowa Department of Transportation, on October 18, 2017, adopted amendments to Chapter 400, “Vehicle Registration and Certificate of Title,” Iowa Administrative Code. The Department is adopting amendments to Chapter 400 to comply with 2016 Iowa Acts, Chapter 1083, sections 1 and 2, which amended Iowa Code section 321.20. The amendments define the specific process requirements for an electronic application for a vehicle title and registration transaction, including the roles and responsibilities of an electronic registration and titling (ERT) service provider approved by the Department to facilitate electronic applications for vehicle titles and registrations from an end user (a motor vehicle dealer or an individual) to the county treasurer. Subrule 400.3(16) serves as a basis for agreements that may be executed between the Department and an approved ERT service provider. The following explains each item in this rule making: Item 1 adds definitions for new terms used within the chapter, specifically, definitions of “electronic,” “electronic record,” “electronic signature,” “end user,” and “ERT service provider.” Item 2 adds language which states that an application for certificate of title or registration may be submitted in an electronic format. Item 3 provides that the signature of an applicant for a certificate of title or registration may be submitted in an electronic format. Item 4 provides that a dealer certification regarding the sale price of a vehicle, the amounts allowed for property traded in, nontaxable charges and rebates, the tax price of the vehicle, the date that a “registration applied for” card was issued, and the registration fee may be submitted in an electronic format when the application for a certificate of title or registration is also submitted electronically. Item 5 adds new subrule 400.3(16) to define the roles, responsibilities, and requirements of the ERT process that will serve as the basis for an agreement between the Department and an approved ERT service provider. The following further explains the paragraphs within subrule 400.3(16):
Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321L.2 and 321L.8, the Iowa Department of Transportation, on October 18, 2017, adopted amendments to Chapter 401, “Special Registration Plates,” and rescinded Chapter 411, “Persons With Disabilities Parking Permits,” Iowa Administrative Code, and adopted a new Chapter 411 with the same title. Because there have been two significant statutory changes that affect the administration of permanent (nonexpiring) parking placards for persons with disabilities, the Department is rescinding existing Chapter 411 and adopting a new Chapter 411. Establishing a new chapter makes it easier for the Department to adopt a rule structure that aligns with the new statutory requirements and the procedures the Department has adopted to implement them and makes it easier for users to follow and understand. The first statutory change was made by 2016 Iowa Acts, chapter 1067, which amended Iowa Code section 321L.2 to end the issuance of nonexpiring parking placards for persons with permanent disabilities. Under amended Iowa Code section 321L.2, placards issued on or after January 1, 2017, to persons with permanent disabilities may no longer be nonexpiring placards that have no expiration date, but instead must be “standard” placards that are valid only for a period of five years and that may be reissued every five years upon proof of continued medical need. Because the effective date provisions of this Act specified that the Act does not affect the validity of nonexpiring persons with disabilities placards issued before January 1, 2017, a nonexpiring placard issued before January 1, 2017, will remain valid unless and until it is either lost, damaged, stolen, revoked, relinquished, or otherwise canceled or terminated pursuant to Iowa Code chapter 321L and 761—Chapter 411. 2016 Iowa Acts, chapter 1067, retained the requirement that a parking placard be displayed only when the vehicle is parked in a persons with disabilities parking space, but added the requirement that the placard be displayed in a manner that allows the entire placard to be visible through the vehicle’s windshield. The second statutory change was made by 2016 Iowa Acts, chapter 1111, which amended Iowa Code section 321L.2 to add a provision specific to veterans. Before this legislation, under Iowa Code section 321L.2, a person applying for a persons with disabilities parking permit could demonstrate eligibility for the permit only by including a statement from a physician licensed under Iowa Code chapter 148 or 149, a physician assistant licensed under Iowa Code chapter 148C, an advanced registered nurse practitioner licensed under Iowa Code chapter 152, or a chiropractor licensed under Iowa Code chapter 151, or a physician, physician assistant, nurse practitioner, or chiropractor licensed to practice in a contiguous state, written on the physician’s, physician assistant’s, nurse practitioner’s, or chiropractor’s stationery, that stated the nature of the person’s disability and such additional information as required by rules adopted by the Department under Iowa Code section 321L.8. The legislation retained this requirement and retained the existing definition of an eligible disability, but added another option for persons who are veterans and have a veterans disability rating from the U.S. Department of Veterans Affairs. Under the legislation, the Department may accept a certification of disability from the U.S. Department of Veterans Affairs in lieu of a statement from a physician, physician assistant, advanced registered nurse practitioner, or chiropractor. The legislation specified that the Department may adopt rules pursuant to Iowa Code chapter 17A detailing the requirements for an acceptable certification of disability from the U.S. Department of Veterans Affairs. Because the U.S. Department of Veterans Affairs has advised that its disability ratings are issued for vocational disability and cannot be correlated to the definition of “person with a disability” set forth in Iowa Code section 321L.1(8), which covers only disabilities that result in an impairment of mobility, the Department’s rules provide that a veteran who submits a certification of disability from the U.S. Department of Veterans Affairs in lieu of a statement from a physician, physician assistant, advanced registered nurse practitioner, or chiropractor must include a self-certification that the veteran is a person with a disability as defined in Iowa Code section 321L.1(8). New Chapter 411 aligns with these statutory changes and the statutory requirements that were retained, as well as with Department procedures adopted to implement the statutory requirements. In addition, the changes, which are incorporated in new Chapter 411, eliminate unnecessary or outdated language; adopt and use consistent terms and phrases throughout the chapter; and generally make the language used throughout the chapter clearer and easier to understand and follow. The changes that are being incorporated into new Chapter 411 include the following:
Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.182, 321.189 and 321.190, the Iowa Department of Transportation, on October 18, 2017, adopted amendments to Chapter 601, “Application for License,” Chapter 605, “License Issuance,” and Chapter 630, “Nonoperator’s Identification,” Iowa Administrative Code. These amendments form a comprehensive update of the Department’s rules affecting or involving the initial application for a driver’s license or nonoperator’s identification card to better implement and align with existing legal authority and Department practice and to eliminate outdated or irrelevant requirements or options and accommodate modern, electronic procedures for authenticating official documents and exchanging information. In addition, the amendments relocate requirements regarding the application for duplicate licenses from Chapter 601 to Chapter 605, which specifically addresses the issuance of duplicate licenses in rule 761—605.11(321); clarify the manner in which the Department will determine the eligibility for licensing a person who has moved to Iowa but is subject to a license or driving sanction in another state; and clarify the process for documenting a change in sex designation to ensure that a formal change in sex designation is permitted only under standards consistent with standards set forth in the Iowa Code and maintained by the Iowa Department of Public Health, applied equally and consistently to all Iowa residents who request a change in the sex designation shown on a driver’s license or nonoperator’s identification card. The following explains each item in the rule making:
- The applicant has satisfied the same requirements for the grant of a driving privilege if the violation had been committed and the revocation imposed in Iowa.
- The applicant is otherwise physically and mentally capable of safely operating a motor vehicle.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2, 321.179 and 321.180B(5), the Iowa Department of Transportation, on October 18, 2017, adopted amendments to Chapter 635, “Motorcycle Rider Education (MRE),” Iowa Administrative Code. The Department is making two technical amendments to strike an outdated reference to Iowa Code section 321.180B(6) and replace it with the correct reference to Iowa Code section 321.179 in subrule 635.2(1) and in the chapter’s implementation sentence. Notice of Intended Action for these amendments was published in the September 13, 2017, Iowa Administrative Bulletin as ARC 3305C. These amendments are identical to those published under Notice of Intended Action. 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. After analysis and review of this rule making, no impact on jobs has been found. These amendments are intended to implement Iowa Code sections 321.179 and 321.180B(5). These amendments will become effective December 13, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 635.2(1) as follows: 635.2(1) Any entity providing motorcycle rider education to persons under the age of 18 for purposes of early licensing or seeking reimbursement under Iowa Code subsection 321.180B(6)section 321.179 for providing motorcycle rider education to persons aged 18 and older must teach the motorcycle rider education course approved by the department. ITEM 2. Amend 761—Chapter 635, implementation sentence, as follows: These rules are intended to implement Iowa Code subsectionssections 321.179 and 321.180B(5) and 321.180B(6). [Filed 10/18/17, effective 12/13/17][Published 11/8/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/8/17.ARC 3453CUtilities Division[199]Adopted and FiledPursuant to Iowa Code sections 17A.4, 474.5, and 476.2, the Utilities Board (Board) gives notice that on October 16, 2017, the Board issued an “Order Adopting Amendments” in Docket No. RMU-2016-0007, In re: Service Supplied by Gas Utilities [199 IAC Chapter 19], amending the Board’s rules regarding natural gas service. Notice of Intended Action was published in the March 1, 2017, Iowa Administrative Bulletin as ARC 2956C, and an oral comment presentation was held on April 20, 2017. The following parties participated during the oral comment presentation: the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice; Iowa Legal Aid (Legal Aid); MidAmerican Energy Company (MidAmerican); Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy (Black Hills); Interstate Power and Light Company (IPL); and the Iowa Economic Development Authority. The Board held a workshop on September 7, 2017, to solicit further discussion and comments regarding these amendments. The Board also received written comments from the aforementioned parties as well as Liberty Utilities (Midstates Natural Gas) Corp. d/b/a Liberty Utilities (Liberty) and the Iowa Department of Human Rights (Human Rights). Seven other interested parties filed comments in support of a new rule regarding the expansion of natural gas service to unserved or underserved areas of the state. The Board generally adopted the amendments published under Notice of Intended Action. However, additional changes have been made since the publication of the Notice of Intended Action, and those changes are as follows: The Board changed “render” to “provide” throughout in an effort to use more common language. The Board is also making several other nonsubstantive changes to update archaic or outdated language for ease of readability. The Board is amending subrule 19.3(5), relating to meter access, to include language from subrule 20.3(5) per a suggestion from OCA that was not objected to by any other party. MidAmerican, Black Hills, IPL, and Liberty (collectively, the Rate-Regulated Utilities) proposed a new subrule regarding expansion of natural gas service to unserved or underserved rural areas in the state. Seven other interested parties filed comments in support of the proposal. OCA objected to the proposal. On May 16, 2017, the Board requested comments regarding new paragraph 19.3(10)“g” that would apply to areas of the state without current natural gas service or where service is constrained. Following additional comments from OCA and the Rate-Regulated Utilities on this issue, the Board further revised the language in an effort to balance the concerns of all interested parties as well as the needs of both current and potential new customers. The Board modeled new paragraph 19.3(10)“g” after existing line extension rules found in subrule 19.3(10). Paragraph 19.3(10)“g” requires utilities to use a standard feasibility model approved by the Board to determine if an expansion of service into an unserved or underserved area is economically viable. The customer or customers to be served do not need to make an advance for construction if the model supports a finding that the project is viable over a period of up to 20 years. If the model does not show the expansion is economically justified over a 20-year period, a contribution in aid of construction in an amount sufficient to make the project economically justified may be made by the customer or customers. The new paragraph requires utilities to file information for Board notice rather than Board approval, and any prudence determination or recovery will not occur until a utility’s next general rate case. The Board added the word “even” to paragraph “1” of renumbered 19.4(11)“c”(1) to more clearly indicate that the monthly payments offered under a first payment agreement must be evenly spread over the applicable period of time. The Board also added a sentence to renumbered subrule 19.4(11) to require utilities to inform customers that they may pay off an outstanding delinquency early without incurring any prepayment penalties. Additionally, the Board clarified that an oral or electronic agreement is deemed accepted by the customer once the first payment is made by the customer or on behalf of the customer by a third party. Additional minor editorial changes for clarity have also been made to this subrule. In response to comments from MidAmerican and IPL at the September 7, 2017, workshop, the Board did not adopt the previously proposed paragraph “a” in renumbered subrule 19.4(13) that would have required utilities to show “therm reading” on customer bills. The remaining paragraphs in renumbered subrule 19.4(13) have been relettered accordingly. The Board adopted additional changes to subparagraph 19.4(14)“d”(3) in response to comments from Human Rights. The changes primarily update the contact information for Human Rights and also add the term “weatherization.” In response to written comments from MidAmerican and OCA, the Board added language to subparagraph 19.4(15)“d”(4) to reflect that utilities need only make a diligent attempt to contact the landlord. The use of “diligent” rather than “reasonable” is to mirror the existing language in this subparagraph. The Board amended subparagraph 19.4(15)“d”(9) to allow utilities to provide an incentive to customers to continue to make payments during the winter moratorium period so that customers are less likely to face large delinquencies and potential disconnections at the end of the moratorium period on April 1. Any such incentive program would need to be included in a utility’s tariff approved by the Board. In its comments, Legal Aid argued for clarification to the statute of limitations language proposed for subrule 19.4(16). Legal Aid asked for clarification that the proposed language setting forth a ten-year period not be made retroactive. OCA agreed with Legal Aid’s position, citing its position in Seacrest v. MidAmerican Energy Co., Docket No. FCU-2016-0010. MidAmerican opposed this change, stating that the decision had already been made in Property Management Group v. Black Hills Energy, Docket No. FCU-2015-0001, to make the statute of limitations retroactive. The Board clarified that the statute of limitations is not retroactive in its June 14, 2017, order in the Seacrest case, and added additional language to subrule 19.4(16) to clarify that the previous five-year limitations period for oral contracts still applies to debts where that period had already expired prior to the Board’s decision in Docket No. NOI-2014-0004 to switch to a ten-year statute of limitations period (absent extenuating circumstances such as fraud or deceit). The Board also made additional nonsubstantive changes to further clarify the statute of limitations language in subrule 19.4(16). The Board amended subrules 19.10(7) and 19.11(1) based upon comments made by OCA that were not objected to by any other parties. Specifically, for subrule 19.10(7) relating to overbillings and underbillings, OCA argued that the percentage applicable to utilities serving fewer than 10,000 customers should be set at 5 percent rather than 10 percent. For subrule 19.11(1) relating to gas procurement, OCA proposed leaving in the language in existing paragraph 19.11(1)“b” requiring utilities to file the actual contracts with the Board. In the absence of any other objections, the Board adopted those proposed changes. The Board also adopted a change to 19.11(1) at the request of IPL and MidAmerican; specifically, the phrase “by customer class” now only applies to the forecasts of total annual throughput. The Board did not adopt the proposed amendments to subrule 19.12(4), relating to flexible-rate reporting requirements. OCA opposed the proposed changes to subrule 19.12(4) because, although the Board stated it would move the requirements to Chapter 23, it was not proposing to do so concurrently with these changes. The Board agreed that it is premature to adopt the proposed amendments at this time. The Board may reconsider these amendments when it commences its rule making related to annual reports and Chapter 23 in Docket No. RMU-2016-0036. The Board adopted changes to subrule 19.14(4) regarding deficiencies in CNGP applications. Specifically, the Board retained the 30-day period to complete deficient applications and to clarify that a failure to do so will result in the denial of the application. The Board also received numerous comments regarding the Tracker and the proposed amendments to rule 199—19.18(476) in the Notice of Intended Action published on March 1, 2017. In response to the comments, the Board left in place language allowing government-mandated projects to be eligible for recovery through the Tracker. The Board also adopted language to allow the five-year recovery period to be changed or extended by a future Board order when circumstances warrant such an extension, and to clarify that approved recoveries may continue until the investments are fully depreciated or until the utility’s next general rate case proceeding. The Board also adopted other nonsubstantive editorial changes in rule 199—19.18(476) for clarity. The order approving this Adopted and Filed rule making can be found on the Board’s Electronic Filing System (EFS) Web site, efs.iowa.gov, in Docket No. RMU-2016-0007. After analysis and review, the Board concludes that the amendments will not have a detrimental effect on employment in Iowa. These amendments are intended to implement Iowa Code sections 476.2, 476.6, 476.8, 476.18, 476.20, 476.54, and 546.7. These amendments will become effective December 13, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 19.2(3) as follows: 19.2(3) Form and identification. All tariffs shall conform to the following rules: a. The tariff shall be printed, typewritten or otherwise reproduced on 8½- × 11- inch sheets of durable white paper so as to result in a clear and permanent record. The sheets of the tariff should be ruled or spaced to set off a border on the left side suitable for binding. In the case of utilities subject to regulation by any federal agency, the format of sheets of tariff as filed with the board may be the same format as is required by the federal agency provided that the rules of the board as to title page; identity of superseding, replacing or revision sheets; identity of amending sheets; identity of the filing utility, issuing official, date of issue, effective date; and the words, “Gas Tariff Filed with Board” shall apply in the modification of the federal agency format for the purposes of filing with this board.Pursuant to 199—subrule 14.5(5), tariffs filed electronically shall be formatted in accordance with this rule. b. The title page of every tariff and supplement shall show: (1) The first page shall be the title page which shall show:(Name of Public Utility)Gas TariffFiled withIowa Utilities Board(date)(This requirement does not apply to tariffs or amendments filed with the board prior to April 1, 1982.) (2) When a tariff is to be superseded or replaced in its entirety, the replacing tariff shall show on the upper right corner of its title page that it is a revision of a tariff on file and the number being superseded or replaced, for example:Tariff No. Supersedes Tariff No. (This requirement does not apply to tariffs or amendments filed with the board prior to April 1, 1982.) (3) When a new part of a tariff eliminates an existing part of a tariff it shall so state and clearly identify the part eliminated. (4) Any tariff modifications as defined in “3” above replacing tariff sheets shall be marked in the right margin with symbols as herein described to indicate the place, nature and extent of the change in text.SymbolMeaning(C)A change in regulation(D)A discontinued rate, treatment or regulation(I)An increased rate or new treatment resulting in increased rate(N)A new rate, treatment or regulation(R)A reduced rate or new treatment resulting in a reduced rate(T)A change in text but no change in rate, treatment or regulation c. All sheets except the title page shall have, in addition to the above-stated requirements, the following information: (1) Name of utility under which shall be set forth the words “Filed with Board.” If the utility is not a corporation, and a trade name is used, the name of the individual or partners must precede the trade name. (2) Issuing official and issue date. (3) Effective date (to be left blank by rate-regulated utilities). d. All sheets except the title page shall have the following form:(Company Name)(Part identification) Gas Tariff(This sheet identification)Filed with board(Canceled sheet identification, if any)(Content of tariff)Issued: (Date)Effective:Issued by: (Name, title)(Proposed Effective Date:)The issued date is the date the tariff or the amended sheet content was adopted by the utility.The effective date will be left blank by rate-regulated utilities and shall be determined by the board. The utility may propose an effective date. ITEM 2. Amend paragraph 19.2(4)"c", introductory paragraph, as follows: c. A copy of the utility’s rules, or terms and conditions, describing the utility’s policies and practices in renderingproviding service shall include: ITEM 3. Amend paragraph 19.3(1)"e" as follows: e. This rule shall not be construed to prohibit any utility from requiring more extensive individual metering than otherwise required by this rule ifrequired pursuant to tariffs filed with and approved by the board. ITEM 4. Rescind and reserve subrule 19.3(4). ITEM 5. Amend subrule 19.3(5) as follows: 19.3(5) Meter register. If it is necessary to apply a multiplier to the meter readings, the multiplier must be marked on the face of the meter register or stenciled in weather resistant paint upon the front cover of the meter.Customers shall have continuous visual access to meter registers as a means of verifying the accuracy of bills presented to them and for implementing such energy conservation initiatives as they desire, except in the individual locations where the utility has experienced vandalism to windows in the protective enclosures. Where remote meter reading is used, whether outdoor on-premises or off-premises-automated, the customers shall have a readable meter register at the meter as a means of verifying the accuracy of bills presented to them.A utility may comply with the requirements of this subrule by making the required information available via the Internet or other equivalent means.In instances when a building owner has determined that unrestricted access to tenant metering installation would create a vandalism or safety hazard, the utility is exempted from the access provision above.Continuing efforts should be made to eliminate or minimize the number of restricted locations. The utility should assist affected customers in obtaining meter register information. ITEM 6. Amend subrule 19.3(6) as follows: 19.3(6) Prepayment meters. Prepayment meters shall not be geared or set so as to result in the charge of a rate or amount higher than would be paid if a standard type meter were used, except under such special rate schedule as may be filed under 19.2(4)tariffs approved by the board. ITEM 7. Amend subrule 19.3(7) as follows: 19.3(7) Meter reading and billing interval. Readings of all meters used for determining charges and billings to customers shall be scheduled at least monthly and for the beginning and termination of service. Bills to larger customers may, for good cause, be renderedprovided weekly or daily for a period not to exceed one month. Intervals other than monthly shall not be applied to smaller customers, or to larger customers after the initial month provided above, without an exemptiona waiver from the board. A waiver request must include the information required by 199—1.3(17A,474,476,78GA,HF2206). If the board denies a waiver, or if a waiver is not sought with respect to a large volume customer after the initial month, that customer’s bill shall be renderedprovided monthly for the next 12 months, unless prior approval is received from the board for a shorter interval. The group of larger customers to which shorter billing intervals may be applied shall be specified in the utility’s tariff sheets, but shall not include residential customers.An effort shall be made to obtain readings of the meters on corresponding days of each meter-reading period. The utility rules may permit the customer to supply the meter readings by telephone, by electronic means, or on a form supplied by the utility. The utility may arrange for customer meter reading forms to be delivered to the utility by United States mail, electronically, or by hand delivery.The utility may arrange for the meter to be read by electronic means. Unless the utility has a plan to test check meter readings, a utility representative shall physically read the meter at least once each 12 months and when the utility is notified there is a change of customer.The utility may arrange for the meter to be read by electronic means. Unless the utility has a plan to test check electronic meter readings, a utility representative shall physically read the meter at least once every 12 months. ITEM 8. Amend subrule 19.3(8) as follows: 19.3(8) Readings and estimates. When a customer is connected or disconnected or the meter reading date causes a given billing period to deviate by more than 10 percent (counting only business days) from the normal meter reading period, such bill shall be prorated on a daily basis.When access to meters cannot be gained, the utility may leave with the customer a meter reading form. The customer may provide the meter reading by telephone, electronic mail (if it is allowed by the utility), or by mail. If the meter reading information is not returned in time for the billing operation, an estimated bill may be renderedprovided. If an actual meter reading cannot be obtained, the utility may renderprovide an estimated bill without reading the meter or supplying a meter reading form to the customer. Only in unusual cases or when approval is obtained from the customer shall more than three consecutive estimated bills be renderedprovided.The utility shall incorporate normalized weather data in its calculation of an estimated bill.Utilities shall file with the board their procedures for calculating estimated bills, including their procedures for determining the reasonable degree-day data to use in the calculations. Utilities shall inform the board when changes are made to the procedures for calculating estimated bills. ITEM 9. Rescind and reserve subrule 19.3(9). ITEM 10. Amend paragraph 19.3(10)"a", definition of “Contribution in aid of construction,” as follows: "Contribution in aid of construction," as used in this subrule, means a nonrefundable cash payment grossed-up for the income tax effect of such revenue covering the costs of a distribution main extension or service line that are in excess of costs paid by the utility. The amount of tax shall be reduced by the present value of the tax benefits to be obtained by depreciating the property in determining the tax liability. ITEM 11. Amend paragraphs 19.3(10)"e" and 19.3(10)"f" as follows: e. Extensions not required.Utilities shall not be required to make distribution main extensions or attach service lines as described in this subrule, unless the distribution main extension or service line shall be of a permanent nature.When the utility provides a temporary service to a customer, the utility may require that the customer bear all of the cost of installing and removing the service in excess of any salvage realized. f. Different payment arrangement.This subrule shall not be construed as prohibiting any utility from making a contract with a customer using a different payment arrangement, if the contract provides a more favorable payment arrangement to the customer, so long as no discrimination is practiced amongsimilarly situated customers. ITEM 12. Adopt the following new paragraph 19.3(10)"g": g. Areas without service or with constrained service. (1) A utility may finance and expand natural gas service into an area of the state with no natural gas service or where capacity constraints limit the expansion of service. A utility expanding service under this paragraph may do so without requiring an advance for construction from a customer or group of customers if a standard feasibility model approved by the board shows the expansion is economically justified over a period not to exceed 20 years. The approved model will be adopted following a board proceeding in which interested parties will have the opportunity to review and comment on a model jointly proposed by the regulated gas utilities. The approved model will be made available on the board’s Web site. The utility shall charge the customer or customers for actual permit fees, and the permit fees are not refundable. (2) If the feasibility model does not show the expansion is economically justified without an advance for construction, a customer or group of customers may contract with the utility and make, no more than 30 days prior to commencement of construction, an advance for construction in an amount that would make the expansion economically justified. (3) Upon making a determination that it intends to move forward with an expansion pursuant to this paragraph, the utility shall notify the board by filing the inputs and results of the feasibility model and any associated contract or contracts with the board. The utility shall maintain separate books and records for any expansion made pursuant to this paragraph until the utility’s next general rate case proceeding. ITEM 13. Amend paragraphs 19.4(1)"c", 19.4(1)"d" and 19.4(1)"f" as follows: c. Notify customers affected by a change in rates or schedule classification in the manner provided in the rules of practice and procedure before the board. (199—7.4(476))(199—26.5(476)) d. Post a notice in a conspicuous place in each office of the utility where applications for service are received, informing the public that copies of the rate schedules and rules relating to the service of the utility, as filed with the board, are available for public inspection. If the utility provides access to its rate schedules and rules for service on its Web site, the notice shouldshall include the Web site address. f. State, on the bill form, that tariff and rate schedule information is available upon request at the utility’s local business office.If the utility provides access to its tariff and rate schedules on its Web site, the statement shall include the Web site address. ITEM 14. Rescind paragraph 19.4(1)"i" and subrule 19.4(14). ITEM 15. Renumber subrules 19.4(2) to 19.4(13) as 19.4(3) to 19.4(14). ITEM 16. Adopt the following new subrule 19.4(2): 19.4(2) Customer contact employee qualifications. Each utility shall promptly and courteously resolve inquiries for information or complaints. Employees who receive customer telephone calls and office visits shall be qualified and trained in screening and resolving complaints, to avoid a preliminary recitation of the entire complaint to employees without ability and authority to act. The employee shall provide identification to the customer that will enable the customer to reach that employee again if needed.Each utility shall notify its customers, by bill insert or notice on the bill form, of the address and telephone number where a utility representative qualified to assist in resolving the complaint can be reached. The bill insert or notice shall also include the following statement: “If (utility name) does not resolve your complaint, you may request assistance from the Iowa Utilities Board by calling (515)725-7321 or toll-free 1-877-565-4450, or by writing to 1375 E. Court Avenue, Room 69, Des Moines, Iowa 50319-0069, or by e-mail to customer@iub.iowa.gov.”The bill insert or notice for municipal utilities shall include the following statement: “If your complaint is related to service disconnection, safety, or renewable energy, and (utility name) does not resolve your complaint, you may request assistance from the Iowa Utilities Board by calling (515)725-7321, or toll-free 1-877-565-4450, by writing to 1375 E. Court Avenue, Room 69, Des Moines, Iowa 50319-0069, or by e-mail to customer@iub.iowa.gov.”The bill insert or notice on the bill form shall be provided monthly by utilities serving more than 50,000 Iowa retail customers and no less than annually by all other natural gas utilities. Any utility which does not use the standard statement described in this subrule shall file its proposed statement in its tariff for approval. A utility that bills by postcard may place an advertisement in a local newspaper of general circulation or a customer newsletter instead of a mailing. The advertisement must be of a type size that is easily legible and conspicuous and must contain the information set forth above. ITEM 17. Amend renumbered subrule 19.4(7) as follows: 19.4(7) Deposit refund. A deposit shall be refunded after 12 consecutive months of prompt payment (which may be 11 timely payments and one automatic forgiveness of late payment), unless the utility is entitled to require a new or additional deposit. For refund purposes, the account shall be reviewed after 12 months of service following the making of the deposit and for each 12-month interval terminating on the anniversary of the deposit. However, deposits received from customers subject to the exemptionwaiver provided by subrule 19.3(7), including surety deposits, may be retained by the utility until final billing. Upon termination of service, the deposit plus accumulated interest, less any unpaid utility bill of the customer, shall be reimbursed to the person who made the deposit. ITEM 18. Amend renumbered subrule 19.4(9) as follows: 19.4(9) Customer bill forms. Each customer shall be informed as promptly as possible following the reading of the customer’s meter, on bill form or otherwise,of the following: a. The reading of the meter at the beginning and at the end of the period for which the bill is renderedprovided. b. The dates on which the meter was read at the beginning and end of the billing period. c. The number and kind of units metered. d. The applicable rate schedule orwith the identification of the applicable rate scheduleclassification. e. The account balance brought forward and the amount of each net charge for rate-schedule-priced utility service, sales tax, other taxes, late payment charge, and total amount currently due. In the case of prepayment meters, the amount of money collected shall be shown. f. The last date for timely payment shall be clearly shown and shall be not less than 20 days after the bill is renderedprovided. g. A distinct marking to identify an estimated bill. h. A distinct marking to identify a minimum bill. i. Any conversions from meter reading units to billing units, or any calculations to determine billing units from recording or other devices, or any other factors, such as sliding scale or automatic adjustment and amount of sales tax adjustments used in determining the bill. ITEM 19. Amend renumbered subrule 19.4(10) as follows: 19.4(10) Customer billing information alternate. A utility serving fewer than 5000 gas customers may provide the information in 19.4(8)19.4(9) on bill form or otherwise. If the utility elects not to provide the information of 19.4(8)19.4(9) on the bill form, it shall advise the customer, on the bill form or by bill insert, that such information can be obtained by contacting the utility’s local office. ITEM 20. Amend renumbered subrule 19.4(11) as follows: 19.4(11) Payment agreements. a. Availability of a first payment agreement.When a residential customer cannot pay in full a delinquent bill for utility service or has an outstanding debt to the utility for residential utility service and is not in default of a payment agreement with the utility, a utility shall offer the customer an opportunity to enter into a reasonable payment agreement. b. Reasonableness.Whether a payment agreement is reasonable will be determined by considering the current household income, ability to pay, payment history including prior defaults on similar agreements, the size of the bill, the amount of time and the reasons why the bill has been outstanding, and any special circumstances creating extreme hardships within the household. The utility may require the person to confirm financial difficulty with an acknowledgment from the department of human services or another agency. c. Terms of payment agreements. (1) First payment agreement.The utility shall offer customers who have received a disconnection notice or have been disconnected 120 days or less and who are not in default of a payment agreement the option of spreading payments evenly over at least 12 months by paying specific amounts at scheduled times. The utility shall offer customers who have been disconnected more than 120 days and who are not in default of a payment agreement the option of spreading payments evenly over at least 6 months by paying specific amounts at scheduled times.The utility shall offer the following conditions to customers who have received a disconnection notice or who have been previously disconnected and are not in default of a payment agreement:- The agreement shall also include provision for payment of the current account. The agreement negotiations and periodic payment terms shall comply with tariff provisions which are consistent with these rules. The utility may also require the customer to enter into a level payment plan to pay the current bill.
- When the customer makes the agreement in person, a signed copy of the agreement shall be provided to the customer.
- The utility may offer the customer the option of making the agreement over the telephone or through electronic transmission. When the customer makes the agreement over the telephone or through electronic transmission, the utility shall render to the customer a written document reflecting the terms and conditions of the agreement within three days of the date the parties entered into the oral agreement or electronic agreement. The document will be considered rendered to the customer when addressed to the customer’s last-known address and deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the document shall be considered rendered to the customer when delivered to the last-known address of the person responsible for payment for the service. The document shall state that unless the customer notifies the utility within ten days from the date the document is rendered, it will be deemed that the customer accepts the terms as reflected in the written document. The document stating the terms and agreements shall include the address and a toll-free or collect telephone number where a qualified representative can be reached. By making the first payment, the customer confirms acceptance of the terms of the oral agreement or electronic agreement.
- Each customer entering into a first payment agreement shall be granted at least one late payment that is made four days or less beyond the due date for payment and the first payment agreement shall remain in effect.
- For customers who received a disconnection notice or who have been disconnected less than 120 days and are not in default of a payment agreement, the utility shall offer an agreement with at least 12 even monthly payments. For customers who have been disconnected more than 120 days and are not in default of a payment agreement, the utility shall offer an agreement with at least 6 even monthly payments. The utility shall inform customers they may pay off the delinquency early without incurring any prepayment penalties.
- The agreement shall also include provision for payment of the current account.
- The utility may also require the customer to enter into a budget billing plan to pay the current bill.
- When the customer makes the agreement in person, a signed copy of the agreement shall be provided to the customer.
- The utility may offer the customer the option of making the agreement over the telephone or through electronic transmission.
- When the customer makes the agreement over the telephone or through electronic transmission, the utility shall provide to the customer a written document reflecting the terms and conditions of the agreement within three days of the date the parties entered into the oral agreement or electronic agreement.
- The document will be considered provided to the customer when addressed to the customer’s last-known address and deposited in the U.S. mail with postage paid. If delivery is by other than U.S. mail, the document shall be considered provided to the customer when delivered to the last-known address of the person responsible for payment for the service.
- The document shall state that unless the customer notifies the utility otherwise within ten days from the date the document is provided, it will be deemed that the customer accepts the terms as reflected in the written document. The document stating the terms and agreements shall include the address and a toll-free or collect telephone number where a qualified representative can be reached.
- Once the first payment required by the agreement is made by the customer or on behalf of the customer, the oral or electronic agreement is deemed accepted by the customer.
- Each customer entering into a first payment agreement shall be granted at least one late payment that is four days or less beyond the due date for payment, and the first payment agreement shall remain in effect.
- The initial payment is due on the due date for the next regular bill.
- The second payment agreement shall be for the same term as or longer thana term at least as long as the term of the first payment agreement.
- The customer shall be required to pay for current service in addition to the monthly payments under the second payment agreement and may be required to make the first payment up-front as a condition of entering into the second payment agreement.
- The utility may also require the customer to enter into a level paymentbudget billing plan to pay the current bill.
- The type of hedging instrument.
- The date on which the hedging instrument was entered into by the utility.
- The name of the counterparty with whom the hedging instrument was entered into.
- The notional quantity of natural gas associated with the hedging instrument.
- The notional delivery period associated with the hedging instrument.
- The total amount of gains or losses realized by the utility on the hedging instrument.
- For each futures contract or fixed-price purchase or sale, the fixed price paid or received by the utility and the final settlement price for the futures contract.
- For each swap contract, the fixed price or index price paid by the utility, the index price or fixed price received by the utility, and the final settlement price of each applicable index referenced in the swap contract.
- For each option contract, the underlying futures contract or index price referenced in the option contract, the strike price for the option, the premium paid or received by the utility for the option, and the final settlement price for the futures contract or index price referenced in the option.
- For any other hedging instruments, relevant economic terms, conditions, reference prices, and other factors to support calculations of gains or losses associated with such instruments.
- For the total natural gas volumes hedged during the PGA year, the fully hedged price of gas and the price if the gas had not been hedged.
- A public utility which is subject to rate regulation under Iowa Code chapter 476.
- A municipally owned utility which provides natural gas service within its incorporated area or within the municipal natural gas competitive service area, as defined in Iowa Code section 437A.3(21)“a”(1)437A.3(22)“a”(1), in which the municipally owned utility is located.
Pursuant to the authority of Iowa Code section 17A.3 and 2017 Iowa Acts, House File 516, the Voter Registration Commission hereby amends Chapter 2, “Voter Registration Forms, Acceptability, Registration Dates, and Effective Dates,” Chapter 3, “Lists of Registered Voters,” Chapter 5, “Election Registers,” and Chapter 7, “Voter Registration Mailing Address Maintenance,” Iowa Administrative Code. These amendments are necessary because of the enactment of 2017 Iowa Acts, House File 516, by the General Assembly. The Commission has determined that because of this newly enacted law, the following amendments are necessary to keep the administrative rules in compliance with the Iowa Code. House File 516 makes significant changes to elections in the state of Iowa, creating the need to update Chapters 2, 3, 5, and 7, which are chapters that contain voter registration rules of the Iowa Administrative Code. Notice of Intended Action was published in the Iowa Administrative Bulletin as ARC 3283C on September 13, 2017. The Commission received written comments in a letter signed by several organizations. A public hearing was held on October 16, 2017, at which comments were also received. All of the written and oral comments on ARC 3283C stated concerns that the proposed amendments to rule 821—2.10(48A) in Item 2 of the Notice of Intended Action would effectively curtail voter registration drives. Due to the confusion that the proposed amendments in Item 2 caused, the Secretary of State recommended that the Commission not adopt the amendments in Item 2 at this time. As a result of the feedback from the public, the Commission unanimously decided not to adopt the amendments proposed in Item 2 of ARC 3283C, and the remaining Items have been renumbered and the amendments in those Items approved. The Commission voted to approve the final language. After analysis and review of this rule making, no negative impact on jobs has been found. These amendments are intended to implement 2017 Iowa Acts, House File 516. These amendments will become effective December 31, 2017. The following amendments are adopted.
ITEM 1. Amend subrule 2.8(3) as follows: 2.8(3) If the application does not include the applicant’s Iowa driver’s license number, Iowa department of transportation-issued nonoperator’s identification card number, or the last four digits of the applicant’s social security number, and the applicant has not indicated that the applicant does not have any of these numbers, the notice described in subrule 2.8(2) shall also include the following statement:“Your voter registration application cannot be accepted because it does not include an Iowa driver’s license number, an Iowa nonoperator’s identification number or the last four numbers of your social security number. You must submit a new voter registration form before you can be registered to vote in this county.“If you have an Iowa driver’s license, you must write that number on your voter registration form. If you do not have an Iowa driver’s license, use the number from your Iowa nonoperator’s identification card. If you do not have an identification card issued by the state of Iowa, write the last four numbers of your social security number on the form. If you don’t have any of these identification numbers, please check the box next to ‘NONE’ on the form.Failure to provide any of the three forms of identification will require you to register to vote on election day. Please note it is a Class “D” felony to provide false information on a voter registration application.” ITEM 2. Amend subrule 2.14(2) as follows: 2.14(2) Inactive. If either an acknowledgment mailed to the registrant pursuant to Iowa Code section 48A.26 as amended by 2009 Iowa Acts, House File 475, section 17, a notice mailed to the registrant pursuant to Iowa Code section 48A.27 as amended by 2009 Iowa Acts, House File 475, section 18, a notice mailed to the registrant pursuant to Iowa Code section 48A.28,or an absentee ballot mailed to the registrant pursuant to Iowa Code section 53.8, or a voter identification card issued pursuant to 2017 Iowa Acts, House File 516, section 18, is returned to the commissioner by the United States Postal Service as undeliverable, the registrant’s status shall be changed to “inactive” status. In addition, a voter registration record shall be made “inactive” pursuant to Iowa Code section 48A.27, subsection 4, paragraph “c,” as amended by 2009 Iowa Acts, House File 475, section 18, during the annual NCOA process. Inactive registrations will be deleted after two general elections unless the registrant responds to a confirmation mailing pursuant to Iowa Code section 48A.27 as amended by 2009 Iowa Acts, House File 475, section 17, 48A.28, 48A.29 or 48A.30, requests an absentee ballot, votes in an election or submits a registration form updating the registration. Inactive registrants shall show identification when voting in person at the polling place, pursuant to Iowa Code section 49.77(3) as amended by 2009 Iowa Acts, House File 475, section 33, or shall restore their voter registration to “active” status pursuant to 721—21.301(53) when voting by absentee ballot. ITEM 3. Amend paragraph 2.14(3)"c" as follows: c. An applicant assigned a status of “pending” shall not be activated until the applicant provides identificationand proof of residence pursuant to 721—21.3(49,48A)Iowa Code section 48A.8. ITEM 4. Amend subrule 2.15(3) as follows: 2.15(3) If all three required elements do not match, the applicant shall be assigned a status of “pending” with reason “DL or SSN Not Verified.” The applicant shall be notified that the applicant’s voter registration is in pending status and the applicant will be required to show identificationand proof of residence pursuant to 721—21.3(49,48A) before voting in the county. The notice shall include the following statement:“Your voter registration application is pending because the information you provided on your application could not be verified. Your name, date of birth and identification number were compared to the Iowa driver’s license records and your identification number cannot be verified.“Before voting for the first time in this county, you will be required to show identification.“Any voter with a ‘pending’ registration status is required to present an acceptable photo identification and proof of residence pursuant to Iowa Code section 48A.8 in person before their ballot will be counted. You may submit identification either by showing your identification in person when you vote or by mailing a photocopy of your identification to the county auditor’scommissioner’s office.” ITEM 5. Adopt the following new subrule 2.15(5): 2.15(5) If the application is verified, but the registered voter’s name does not appear in the department of transportation-issued driver’s license and nonoperator’s identification card files, the commissioner shall issue a voter identification card to the registered voter’s address on file pursuant to 2017 Iowa Acts, House File 516, section 18. ITEM 6. Amend rule 821—3.10(48A) as follows:821—3.10(48A) Driver’s license numbers. The county commissioner of registration and the state registrar of voters shall remove a voter’sdepartment of transportation-issued driver’s license number, Iowa department of transportation-issued nonoperator’s identification card number,voter identification number, or whole or partial social security number from a voter registration list prepared pursuant to Iowa Code section 48A.38. ITEM 7. Amend subrule 5.1(1) as follows: 5.1(1) Election registers shall contain at least the following information: a. Full name. b. Address. c. Date of birth. d. Registration status if it is not “active.”“pending.” e. Political affiliation (for partisan primary elections only). ITEM 8. Amend rule 821—7.2(48A) as follows:821—7.2(48A) Voter registration acknowledgment card returned from mailing address as undeliverable. If a voter registration acknowledgment cardor voter identification card issued pursuant to 2017 Iowa Acts, House File 516, section 18, is mailed to the mailing address listed on a voter’s registration record and the acknowledgment is returned to the county registrar as undeliverable by the United States Post Office, the county registrar shall leave the voter’s status as active or pending, remove the mailing address from the voter’s registration record, and mail another registration acknowledgmentor voter identification card to the voter’s residential address. If the acknowledgmentor voter identification card mailed to the voter’s residential address is also returned as undeliverable by the United States Post Office, the voter’s registration record shall be made inactive, and the voter shall be mailed a notice as required by Iowa Code section 48A.29, subsection 1. [Filed 10/18/17, effective 12/31/17][Published 11/8/17]Editor’s Note: For replacement pages for IAC, see IAC Supplement 11/8/17.