Proposing rule making related to board membership and investment and deposit activities and providing an opportunity for public comment     The Credit Union Division hereby proposes to amend Chapter 12, “Votes of the Membership,” and Chapter 17, “Investment and Deposit Activities for Credit Unions,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 533.107(6).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 533.203, 533.205(7), 533.301(5), and 533.301(25).Purpose and Summary    The amendments in Chapter 12 reflect modifications to the board-of-directors nomination process allowing for nomination notification by newsletter and include a reduction in the number of days required before the close of balloting to allow for more time for ballots to be submitted prior to the annual meeting. The amendments in Chapter 17 reflect recent changes made to permissible investments for federal credit unions which Iowa is adopting for its state-chartered credit unions with respect to charitable donation accounts and bank notes.    These proposed amendments were approved by the Credit Union Review Board on December 5, 2017.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    The proposed amendments do not contain any new conditions for waiver. Waivers are subject to the show-cause procedure contained in 189—17.20(533) and to the process outlined in 189—Chapter 23.Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Division no later than 4:30 p.m. on February 20, 2018. Comments should be directed to: Credit Union Division 200 East Grand Avenue, Suite 370Des Moines, Iowa 50309-1827Fax: 515.725.0519Public Hearing     No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

     Proposing rule making related to state supplementary assistance and providing an opportunity for public comment     The Department of Human Services hereby proposes to amend Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 14.Purpose and Summary    These amendments implement the January 1, 2018, cost-of-living adjustments (COLA) to income limits and benefit amounts for several State Supplementary Assistance (SSA) categories. These amendments also implement the changed personal needs allowance for the residential care facility (RCF) assistance and family-life home (FLH) assistance. The net change to the personal needs allowance is a decrease due to a small COLA percentage increase that is offset by a larger decrease in the average monthly Medicaid copayments used to calculate the amount of this deduction.Fiscal Impact    The RCF and FLH personal needs allowances (PNAs) are decreasing by $1 per month from $100 to $99 per month. The base personal needs allowance is increased only slightly due to the 2 percent COLA this year. This increase was more than offset by the decrease in the average Medicaid copayment per client per month for RCF recipients. (The average Medicaid copayment per client per month is added to the base PNA to determine the final monthly PNA.) The average copayment per client per month for RCF assistance recipients for August 2016 through July 2017 was $.90. This is a decrease of $2.89 from last year’s average of $3.79. For FLH recipients, the $16 increase in the payment to the FLH is offset by the $1 decrease in the personal needs deduction and a $15 increase in the Supplemental Security Income (SSI) payment. The recipient will pay up to $16 more due to the $15 increase in income and a $1 decrease in the PNA. For RCF assistance recipients, the maximum total payment to the facility will increase up to $15.19 per month per recipient [(30.60 – 30.11) × 31 days]. RCF costs are shared by the state and the RCF assistance recipient. Any potential increased costs to the state are expected to be more than offset by declining RCF caseloads in SFY ’18 and SFY ’19. For dependent-person assistance recipients, the maximum monthly payment is increasing by $8, from $379 to $387. Each dependent-person assistance recipient will receive up to an $8 increase, resulting in an anticipated increase in state expenditures. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on January 23, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa, 50319–0114Fax: 515.281.4980Email: policyanalysis@dhs.state.ia.usPublic Hearing     No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Emergency Rule Making Adopted by Reference    This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 3599C) and was reviewed by the Administrative Rules Review Committee on January 5, 2018, pursuant to 2017 Iowa Acts, House File 653, section 32. The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.

    The Notice of Intended Action published in the Iowa Administrative Bulletin on December 6, 2017, as ARC 3476C, proposes to amend Chapter 78, “Amount, Duration and Scope of Medical and Remedial Services,” Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” and Chapter 83, “Medicaid Waiver Services,” Iowa Administrative Code. In order to receive oral comments concerning ARC 3476C, the Department of Human Services hereby gives notice that public hearings will be held as follows: February 21, 2018 1 to 3 p.m. Coralville Public Library E. Jean Schwab Auditorium 1401 Fifth Street Coralville, Iowa February 23, 2018 1:30 to 2:30 p.m. Nesler Centre 3rd Floor Conference Room 799 Main Street Dubuque, Iowa    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 17A.4(1)“b” and 249A.4 and 2017 Iowa Acts, House File 653, section 93.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 93.Purpose and Summary    The amendments in ARC 3476C will change the rate-setting methodology used to develop supported community living (SCL), day habilitation, and adult day care service rates in the home- and community-based services (HCBS) intellectual disability waiver. The SCL methodology will change from the current retrospectively limited prospective rate-setting process to a fee schedule using a tiered-rate methodology. Day habilitation and adult day care service rates are currently established through a fee schedule but will be changed to a fee schedule using tiered rates. The tiered-rate methodology establishes a tiered system of reimbursement based on the identified acuity level from the results of the Supports Intensity Scale® (SIS) core standardized assessment.    The Department received more than 50 comments from the public during the comment period requesting that public hearings on this rule making be held to provide written and oral comments.  Fiscal Impact, Jobs Impact, Waivers    Statements related to the fiscal impact, jobs impact, and waiver of this rule making may be found in the preamble of ARC 3476C.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

     Proposing rule making related to crisis response services and providing an opportunity for public comment     The Department of Human Services hereby proposes to amend Chapter 79, “Other Policies Relating to Providers of Medical and Remedial Care,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 249A.4.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4.Purpose and Summary    These amendments further amend and clarify standards for crisis response services. Iowa Medicaid currently covers crisis response services; however, these amendments clarify that the daily upper limit for hourly crisis response and hourly crisis stabilization services is limited to the daily per diem for crisis stabilization services.  These amendments also make a technical correction to the record requirements in a previously adopted rule making. Fiscal Impact     Iowa Medicaid currently reimburses for crisis response services. These amendments are intended to provide the daily upper limit for hourly crisis response and hourly crisis stabilization services to ensure that the cost of hourly services does not exceed the cost of daily crisis stabilization services. There will be new Medicaid expenditures for crisis response services with the clarification of Medicaid participation and reimbursement. However, these services are expected to reduce the utilization of more costly inpatient services. Neither the cost of the crisis response services nor the offsetting hospital savings are known with certainty. Therefore, the fiscal impact cannot be determined. Any potential impact will be limited to the availability and capacity of accredited providers. Neither the cost of the subacute mental health services nor the offsetting hospital savings are known with certainty. Therefore, the fiscal impact cannot be determined. Any potential impact will be limited by the availability of beds. There is currently one licensed subacute facility in the state, and only one application has been sent to the department for review. If approved, that facility will provide up to nine subacute beds. Jobs Impact    There is an opportunity for more qualified mental health care professionals and peer support specialists to be employed by these service providers as the crisis response services expand and develop and as subacute mental health care facilities become licensed and enroll with Medicaid. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 20, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319 Fax: 515.281.4980Email: policyanalysis@dhs.state.ia.usPublic Hearing     No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

     Proposing rule making related to nurse aides and providing an opportunity for public comment     The Department of Human Services hereby proposes to amend Chapter 81, “Nursing Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 135C.14(2) and 2017 Iowa Acts, House File 306.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 135C.14(2) and 2017 Iowa Acts, House File 306.Purpose and Summary    These administrative rule amendments add the use of online course curricula to meet the required minimum of 30 hours of classroom instruction and add a definition of “clock hour.” Finally, these amendments add a process to allow a veteran to be deemed to satisfy the nurse aide training requirements based upon the training and experience acquired through the veteran’s service.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    There is an impact on private sector jobs and employment opportunities. By allowing online training and deeming veterans satisfactory based on military training and experience, this rule making will increase the direct care worker workforce. With the increase in workforce, nursing facilities will be able to hire more staff to provide care to their residents and nursing facility staff are less likely to have to work shorthanded. Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 20, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319 Fax: 515.281.4980Email: policyanalysis@dhs.state.ia.usPublic Hearing     No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

     Proposing rule making related to child support and providing an opportunity for public comment     The Department of Human Services hereby proposes to amend Chapter 95, “Collections,” and Chapter 99, “Support Establishment and Adjustment Services,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 217.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 252B and 252H.Purpose and Summary    These proposed amendments conform rule 441—95.14(252B) to the federal regulations, effective January 19, 2017, of the Department of Health and Human Services, Administration for Children and Families.  Specifically, these proposed amendments conform to 45 CFR 303.11, Case Closure Criteria.  The Child Support Recovery Unit (CSRU) has implemented many of the federal regulations in administrative rules over the years.  The revised federal regulations update language in some of those rules and add new permissive case closure reasons.    These proposed amendments also update Chapter 99, Divisions IV and V, by removing references to voluntary reduction of income as a factor when CSRU modifies child support obligations.     In 2013, the Iowa Supreme Court revised Chapter 9, “Child Support Guidelines,” of the Iowa Court Rules to require a written determination to impute income.  Iowa Court Rule 9.11(4) allows the court to make a written finding of voluntary unemployment or underemployment and to impute income to a party if the court finds that a substantial injustice would occur to use actual earnings.  When CSRU uses income based on a party’s voluntary reduction of income in administrative actions, essentially CSRU includes imputed income in the child support calculations without the required written findings by the court.  Iowa Court Rule 9.11(4) does not give CSRU authority to impute income when a party is voluntarily unemployed or underemployed. Only the court has that authority.    The current CSRU practice of not using the actual income of those who are voluntarily unemployed or underemployed does not take into account that a party’s unemployment or underemployment may be for justifiable reasons that have nothing to do with an attempt to reduce the child support obligation.  In addition, federal regulations released in December 2016 (specifically 45 CFR 302.56 and accompanying comments found at 81 Fed. Reg. 93492) include guidance for states on using the actual income of parties, which does not appear to align with the existing CSRU voluntary reduction in income rules.Fiscal Impact    These amendments will not substantially change the number of actions CSRU completes. There are no system changes needed to implement the changes, and CSRU will not need to increase or decrease staff to complete the actions. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 20, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319 Fax: 515.281.4980Email: policyanalysis@dhs.state.ia.usPublic Hearing     No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

     Proposing rule making related to promoting opportunities for parents program and providing an opportunity for public comment     The Department of Human Services hereby proposes to rescind Chapter 100, “Child Support Parental Obligation Pilot Projects,” and to adopt new Chapter 100, “Child Support Promoting Opportunities for Parents Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 252B.3(5).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 252B.3(5).Purpose and Summary    This rule making proposes to replace the current Child Support Parental Obligation Pilot Projects rules by renaming the program and clarifying incentives.    The new chapter describes the Promoting Opportunities for Parents Program (POPP) developed by the Department of Human Services Child Support Recovery Unit (CSRU). The purpose of this program is to assist parents in overcoming the barriers which interfere with fulfilling their obligations to their children.    CSRU wants to partner with community providers and resources to assist parents in overcoming barriers. Research shows that child support-led programs are more likely to yield results for noncustodial parents and their children. Thus, the child support program sets the expectations and manages the program by partnering with employment and fatherhood/parenting programs to provide those services.Fiscal Impact    This is an existing program, and the rule making will not change the level of funding needed. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217). Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 20, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319 Fax: 515.281.4980Email: policyanalysis@dhs.state.ia.usPublic Hearing    No public hearing is scheduled at this time. An oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, an agency, or an association of 25 or more persons as provided in Iowa Code section 17A.4(1)“b.” Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making action is proposed:

     Proposing rule making related to beryllium standards and providing an opportunity for public comment     The Labor Commissioner hereby proposes to amend Chapter 10, “General Industry Safety and Health Rules,” and Chapter 26, “Construction Safety and Health Rules,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 88.5.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 88.5 and 29 CFR 1953.5.Purpose and Summary    The U.S. Department of Labor, Occupational Safety and Health Administration, (OSHA) published amendments to the general industry and construction standards concerning exposure to beryllium and beryllium compounds in January of 2017. The new standards are based on a finding that the previous exposure limits were too high to prevent occupational lung cancer and chronic beryllium disease.    Subsequently, federal OSHA twice published notices delaying implementation of the new beryllium standards.  In the summer of 2017, federal OSHA formally proposed to revoke a portion of the new beryllium standards concerning construction. Federal OSHA also provided notification that it would not enforce those portions of the beryllium standards that are subject to revocation.    The Labor Commissioner published a Notice of Intended Action to adopt the new beryllium standards on April 26, 2017, as ARC 3029C. No further action was taken on that Notice.    Pursuant to both federal and state law, the Iowa Labor Commissioner must adopt the federal standards by reference. This Notice of Intended Action proposes to adopt by reference the general industry standards published by federal OSHA in January of 2017 and to adopt a new permissible exposure limit and a new short-term exposure limit for beryllium in the construction industry. This Notice is intended to make Iowa’s beryllium enforcement conform to federal beryllium enforcement.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, the Commissioner finds that jobs could be impacted. However, these amendments are implementing federally mandated regulations, and the State of Iowa is only implementing the federal regulations. The requirements imposed on Iowa businesses by these regulations do not exceed those imposed by federal law.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Division for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commissioner no later than 4:30 p.m. on February 21, 2018. Comments should be directed to: Kathleen Uehling Division of Labor Services1000 East Grand AvenueDes Moines, Iowa 50319–0209Email: kathleen.uehling@iwd.iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows: February 21, 2018150 Des Moines St.10 a.m. Des Moines, Iowa(If requested)     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should telephone 515.725.5615 and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    Proposing rule making related to sanctions and providing an opportunity for public comment    The Department of Transportation hereby proposes to amend Chapter 615, “Sanctions,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 307.12, 307A.2, 321.180B, 321.189, 321.193, 321.201, 321.208, 321.210, 321.210A, 321.210D, 321.213B, 321.513, 321.560 and 321A.2.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.177, 321.178, 321.180B, 321.184, 321.185, 321.189, 321.191, 321.193, 321.194, 321.201, 321.205, 321.208, 321.210, 321.210A, 321.210C, 321.210D, 321.212, 321.213B, 321.216 to 321.216C, 321.218, 321.218A, 321.323A, 321.372, 321.513, 321.555, 321.556, 321.560, 321A.2, 321J.21 and 714.7D.Purpose and Summary    The proposed amendments form a comprehensive update of the Department’s rules affecting driver’s license sanctions to better implement and align with existing legal authority and Department practice, including eliminating outdated or irrelevant requirements or options and standardizing and streamlining processes and procedures.  The Department is changing the language throughout Chapter 615 to reflect that the Department “shall” take an action, rather than “may” take an action.  There are a number of areas in which the Iowa Code gives the Department the discretion to impose a sanction for a particular class of offenses by providing that the Department “may” impose a sanction, and the Department exercises that discretion by implementing rules that impose the sanction.  Changing “may” to “shall” in the rules avoids the implication that the Department is exercising its discretion on a case-by-case basis and ensures consistent application of its sanctioning structure for like offenses, thereby providing consistency and predictability for persons who are facing a license sanction.  The following explains each proposed amendment:    Item 1 removes an outdated definition of “conviction free,” a term which no longer appears anywhere in Chapter 615.    Item 2 removes an outdated reference to the Iowa Code Supplement within the definition of “moving violation.”     Item 3 encompasses the rule that addresses the cancellation of licenses.  This item strikes redundant language in subrules 615.7(1) and 615.7(2) because the language is already provided in Iowa Code sections 321.184, 321.185 and 321.189 and adds a new subrule to clarify that a license shall be canceled for the failure to pay the license fee, which aligns to the Department’s existing practice of canceling a license if the Department is notified the applicant does not have sufficient funds (returned check).  Item 3 also updates the rule’s implementation sentence to include reference to Iowa Code section 321.191 (fees for driver’s licenses).      Item 4 encompasses the rule that governs the determination that a person is a habitual offender.  This item corrects outdated references to Iowa Code sections 321.560 and 707.6A.    Item 5 addresses the length of license suspensions or revocations.  This item amends rule 761—615.11(321) to encompass both license suspensions and revocations, as both are included in Iowa Code sections 321.212 and 321.218.  The existing rule just refers to the term “suspension,” which is not entirely accurate as the underlying Iowa Code sections address both the length of suspensions and the length of revocations.  Item 5 also conforms to language in Iowa Code sections 321.212 and 321.218 and existing Department practice by adding language that specifies the period of time a license sanction is extended for driving while the license is suspended or revoked shall be for a like period of time or one year, whichever is shorter, unless a statutory exception applies.  Adding this language will ensure the rule accurately describes the manner in which a license sanction must be extended under Iowa law.    Item 6 updates the rule that addresses the license suspension of a habitually reckless or negligent driver.  This item amends the definition of “contributive or contributed” to replace the current definition with a cross reference to the definition of “contributive accident” in rule 761—615.1(321), which promotes consistency in the rules, instead of restating the definition.  This item also clarifies that violations under Iowa Code section 321.276 (use of electronic communication device while driving) do not count towards a license suspension for a habitually reckless or negligent driver as these violations are not considered moving violations under Iowa law.    Item 7 encompasses the rule that governs the suspension of a habitual violator.  This item makes changes to align with the Department’s existing practice to suspend a person’s license whenever the Department receives notice of three or more qualifying convictions in a 12-month period and to strike the provision allowing a driver’s license hearing officer to reduce the period of suspension based on mitigating circumstances.  Making these changes will lead to standardized treatment among cases and avoids the implication that the Department is exercising its authority on a case-by-case basis.  This item also clarifies that violations under Iowa Code section 321.276 (use of electronic communication device while driving) do not count towards a habitual violator suspension as these violations are not considered moving violations under Iowa law.     Item 8 updates the rule that addresses suspension for incapability.  This item makes changes to align with Department practice and legal obligation to always suspend a person’s license whenever the person is deemed incapable of safely operating a motor vehicle under Iowa Code sections 321.177, 321.210 and 321.212.    Item 9 encompasses the rule that affects suspension for unlawful use of a license.  This item makes changes to align with the Department’s existing practice to suspend a person’s license whenever the person is convicted of unlawful or fraudulent use of a driver’s license and states that the rule also applies to convictions under Iowa Code section 321.216C (which pertains to the use of a driver’s license by an underage person to obtain tobacco or tobacco-related products).  Item 9 also updates the rule’s implementation sentence to include a reference to Iowa Code section 321.216C.      Item 10 encompasses the rule that governs suspension for a serious violation.  This item makes changes to align with the Department’s existing practice to suspend a person’s license whenever the Department receives notice of a conviction that is a serious violation under subrule 615.17(2) and amends the definition of “contributed” to reference the definition of “contributive accident” in rule 761—615.1(321), instead of restating the definition.  This item amends paragraph 615.17(2)“c” to strike the provision allowing a driver’s license hearing officer to reduce the period of suspension based on mitigating circumstances.  Making these changes will lead to standardized treatment among cases and avoids the implication that the Department is exercising its authority on a case-by-case basis.  The periods of suspension for speeding offenses of 25 mph or more above the posted speed limit are also consolidated to ensure consistent treatment amongst offenses in a similar range, rather than providing for a different length of suspension for each additional mile per hour over the speed limit.  Item 10 amends paragraph 615.17(2)“d” to clarify that convictions for violations of municipal ordinances for unlawfully passing a school bus are also subject to suspension for serious violation, which aligns to the Department’s existing practice of treating violations of municipal ordinances the same as violations of state law.  This item adds new paragraph 615.17(2)“e” to align with the requirements in Iowa Code section 321.323A (otherwise known as the move over, slow down law) and provides for a license suspension if a person is convicted of violating Iowa Code section 321.323A or a similar municipal ordinance.  Item 10 also amends the rule’s implementation sentence to add a reference to Iowa Code section 321.323A and to remove an outdated reference to 2012 Iowa Acts.      Item 11 encompasses the rule that addresses suspension for a moving violation during driving probation.  This item clarifies that probation refers to the probationary driving period after a person’s license has been sanctioned, as sometimes there is confusion among persons between a driving probation and probation after a criminal conviction.  Item 11 also makes changes to align with the Department’s existing practice to suspend a person’s license whenever the Department receives notice of a conviction of a moving traffic violation while a person is on driving probation, and aligns the length of suspension with the requirements in Iowa Code section 321.210C, which requires the driving probationary period to be equal to the original suspension period or for one year, whichever is shorter.    Item 12 updates the rule that affects suspension of a minor’s school license and a minor’s restricted license.  This item makes changes to align with the Department’s existing practice to suspend a minor’s school license whenever the Department receives notice of a conviction for a moving violation, accident or statement from an authorized individual that the minor has violated a restriction of the license.  This item also makes changes to align with the Department’s existing practice to suspend a minor’s restricted license whenever the Department receives notice of a conviction for a moving violation.     Item 13 updates the rule that governs suspension for failure to pay a court fine, penalty, surcharge or court costs.  This item strikes an outdated reference to a form that the Department no longer uses.  In situations where the clerk of court notifies the Department that a person has met the criteria for license suspension due to the failure to pay a court fine, penalty, surcharge or court costs, it is more efficient for the Department to receive notification electronically from the clerk of court, rather than on a specific form.    Item 14 updates the rule that affects suspensions for juveniles.  This item makes a change to an Iowa Code reference within the rule’s implementation sentence to make the citation consistent with citations to other Iowa Code sections in the chapter, but the item does not change the content of the rule.      Item 15 encompasses the rule that addresses suspension or revocation for violation of a restricted license.  This item makes changes to align with the Department’s existing practice to suspend a person’s license whenever the person violates a license restriction and strikes the term “revocation” from the rule, since the Department always suspends the license but does not revoke it.  This item also adds new language to provide a person with the opportunity to present proof that the person’s license restriction is no longer necessary prior to the effective date of the suspension, in which case the Department may rescind the suspension.  This change allows the person to potentially avoid the consequences of going under suspension as well as to avoid going through the appeal process when the Department finds that the license restriction was unnecessary.     Item 16 updates the rule that affects revocation for out-of-state offenses.  This item makes changes to align with Iowa Code section 321.205 and the Department’s existing practice to revoke an Iowa resident’s license whenever the Department receives notification by another state that the person committed an offense in the other state which, if committed in Iowa, would be grounds for revocation.  This item also strikes unnecessary rescinded language.     Item 17 addresses the rule regarding extension of the revocation period.  This item clarifies that if a person is convicted of operating a motor vehicle while the person’s license is revoked and the person’s driving record does not indicate what the original grounds for revocation were, the period of the license revocation shall not exceed six months.  This is consistent with the Department’s existing practice and treats a conviction under Iowa Code section 321.218 or 321J.21 the same in the situation where the underlying offense is unknown.  This item also removes reference to an Iowa Code section within the rule’s implementation sentence since revocations under Iowa Code section 321.218 are already addressed in subrule 615.11(2).     Item 18 encompasses the rule that governs the hearing and appeal process. This item strikes an obsolete reference to Iowa Code section 321.177 that referred to license denials for delinquent accounts owed to the state.  Item 18 also removes references to Iowa Code sections 321.210B and 321.210D, which previously did not allow an administrative appeal hearing for license suspensions issued under these Iowa Code sections.  Iowa Code section 321.210B relates to a suspension for a default in an installment payment agreement with the county attorney or county attorney’s designee for failure to pay Iowa court fines.  As the rule currently provides, this type of suspension is excluded from an administrative appeal hearing under Iowa Code chapter 17A.  However, Iowa Code section 321.210B(10) provides that a license suspension after a default in any installment payment agreement shall be treated like a license suspension for failure to pay an Iowa court fine under Iowa Code section 321.210A.  A licensee subject to a license suspension under Iowa Code section 321.210A is permitted to request an appeal hearing.  By not allowing an administrative appeal for license suspensions under Iowa Code section 321.210B, these license suspensions were not being treated like license suspensions under Iowa Code section 321.210A as the Iowa Code requires.  Iowa Code section 321.210D relates to a suspension when the Department receives evidence of trial information or an indictment in a vehicular homicide case.  As the rule currently provides, this type of suspension is excluded from an administrative appeal hearing under Iowa Code chapter 17A.  While the statute does require the Department to suspend the person’s license in this situation, it does not preclude a licensee from requesting an administrative appeal.  Allowing an administrative appeal will provide due process in this situation where the license is being suspended based upon a filing of trial information or an indictment for vehicular homicide to a similar degree as a suspension based on a court conviction where the licensee would have had the opportunity to request a trial and present evidence prior to being convicted.      Item 19 corrects the name of the office since the Department renamed the Office of Driver Services to Driver and Identification Services. The office name is also corrected in Items 20 and 27.     Item 20 also updates the rules related to the hearing and appeal process.  This item adds new paragraph 615.38(3)“b” which provides that, if the person is contesting a license sanction for which the underlying basis is a conviction or a suspension under Iowa Code section 321.210A (failing to pay court fines) or 321.210B (default in installment agreement), the informal settlement process shall consist of a review by the Department to determine if there was a mistake of fact in the identity of the person or the driving record.  Making this change will lead to standardized treatment among cases and avoids the implication that the Department is exercising its discretion on a case-by-case basis.  Item 20 also adds new paragraph 615.38(3)“e” to provide that, for a person contesting a license sanction for which the underlying basis is a conviction or a suspension under Iowa Code section 321.210A (failing to pay court fines) or 321.210B (default in installment agreement), the issue at a contested case hearing or appeal shall be similarly limited to determining whether there was a mistake of fact.   In certain cases, individuals who are subject to a suspension based on a conviction or a suspension due to the failure to pay a court fine will attempt to relitigate the merits of the underlying conviction or the amount owed for failing to pay court fines during the administrative appeal process, but the Department does not have jurisdiction over those issues.  A person wishing to challenge a court conviction must follow the appropriate appeal process with the court, and a person who is contesting the amount owed for court fines or default in any installment agreement for failing to pay court fines must work with the clerk of court.    Item 21 addresses license reinstatement or reissue.  This item eliminates an outdated requirement to appear before a driver’s license examiner in order to reinstate the person’s license, which aligns with Department practice of allowing any appropriate licensing employee to assist the person, rather than a specific classification of employee.  The Department will notify the person that the person is eligible to reinstate the person’s license, and then the person may obtain or reinstate the license by the Department’s usual method, which does not require specifically a driver’s license examiner to perform the transaction.  Item 21 also amends subrule 615.40(2) and the rule’s implementation sentence to strike an outdated reference to the Iowa Code Supplement.      Item 22 addresses investigation of convictions based on fraud.  This item strikes reference to a specific form name used to submit an identity theft complaint to the Department. This amendment makes the rule consistent with other rules which only reference the form number and not the form name.    Items 23 and 24 encompass the rule that addresses remedial driver improvement for persons in the graduated driver’s license program under Iowa Code section 321.180B.  This item clarifies that participation in the remedial driver improvement program shall be required unless the person’s driver’s license has already been suspended or revoked for the same occurrence when a person receives a conviction for a moving violation, has an accident or violates a license restriction while holding a graduated driver’s license.  Remedial driver improvement may include license suspension, safety advisory letter, additional restriction(s), vision screening, knowledge examination, and driving examination, as determined by the Department. This  amendment is consistent with the provisions in Iowa Code section 321.180B which state that a person in the graduated driver’s license program shall be subject to remedial driver improvement and clarifies in the rule that remedial driver improvement is required in the event the person is not already facing an additional license sanction under this chapter, which ensures that a driver will face a consequence for the violation without requiring the driver to face potentially more than one consequence for the same occurrence.    Item 25 encompasses the rule that addresses the driver improvement program.  This item expands the number of first offenses for which a person would be eligible to take a driver improvement program course in lieu of suspension and clarifies that the ability to take driver improvement for certain offenses applies even when the person is facing a license sanction under this chapter.  The list of offenses is expanded to include: first offense violations for speeding 25 miles per hour or more over the speed limit, violations of the probationary driving period if a revocation would result, first offense violations for unlawfully passing a school bus, first offense violations of the move over, slow down law and other first offense violations under paragraph 615.17(2)“a” or “b,” which include convictions for a moving violation accompanied by a written report from law enforcement that the offense was unusually serious and convictions for a moving violation which contributed to a fatal motor vehicle accident.  Allowing drivers with these first-time offenses to take a driver improvement course in lieu of suspension promotes rehabilitating driver behavior rather than simply pushing drivers out of the driver system.  This allowance includes incidents resulting in a fatality since separate and potentially harsher penalties and consequences already exist for convictions deemed to be vehicular homicide or that cause personal injury or death and drivers involved in fatal crashes that do not rise to the level of vehicular homicide will likewise benefit from rehabilitative efforts.  This item clarifies that while a person is not eligible to take driver improvement more than once in a two-year period, upon expiration of the two-year period, the person will again be eligible to take driver improvement in lieu of suspension.  Item 25 provides that the length of probation following completion of a driver improvement course shall be the length of the original suspension and no longer allows the length of probation to be reduced by a driver’s license hearing officer, which avoids inconsistent decisions and avoids the implication that the Department is exercising its authority on a case-by-case basis.  This item also provides that a suspension for failure to attend a driver improvement program shall be the length of the original suspension, but not less than 90 days.    Item 26 rescinds rule 761—615.44(321) that addresses the driver improvement interview since the Department no longer conducts driver improvement interviews. The Department no longer has the capacity to conduct individual interviews and instead imposes uniform restrictions to reduce inconsistent decisions and outcomes which are already reflected in the Department’s rules, and thus the rule is no longer necessary.     Item 27 encompasses the rule that governs the temporary restricted license.  This item states that the Department may issue a temporary restricted license as provided in Iowa Code section 321.215 and then specifically lists which applicants are ineligible for a temporary restricted license under Iowa Code section 321.215(1).  This item amends subparagraph 615.45(1)“a”(6) to clarify that a person who is convicted for driving while under suspension may obtain a temporary restricted license if the underlying suspension or revocation would otherwise qualify for a temporary restricted license.  Item 27 adds new subparagraph 615.45(1)“a”(15) to align with Iowa Code section 321.215(1), which does not allow a temporary restricted license for a suspension under Iowa Code section 714.7D (theft of retail motor fuel) and which was not previously addressed in rule.  This item adds paragraph 615.45(1)“b” to align with Iowa Code section 321.215(2), which provides when an applicant is eligible for a temporary restricted license in cases of hardship.  This item amends subrule 615.45(2) to clarify how an individual may apply for a temporary restricted license and that an individual requesting a temporary restricted license due to hardship shall self-certify under penalty of perjury that a hardship exists, rather than by affidavit, which avoids the difficulty of finding and appearing before a notary public to complete the application.  Item 27 amends subrule 615.45(3) to provide that when a person incurs a moving violation during the required probationary driving period after a suspension, the Department will suspend the person’s license for the length of the original suspension.  The rule used to state that the additional suspension period shall be at least 90 days, which sometimes led to individuals being suspended for a greater duration than the original action and resulting suspension (which may have been for 30 days, for example).  Imposing a suspension for the length of the original suspension for violating probation is intended to serve as a commensurate consequence to a driver who was subject to a driver’s license suspension and who has been unable to successfully complete the probationary driving period.  This item amends subrule 615.45(5) to remove an outdated requirement for a person to appear before a driver’s license examiner in order to obtain a temporary restricted license as the process simply allows for a person to obtain the temporary restricted license by the Department’s usual method, which does not specifically require a driver’s license examiner to perform the transaction as long as the person is eligible under Iowa Code section 321.215.  Item 27 also updates paragraph 615.45(4)“c” to strike an outdated reference to the Iowa Code Supplement.      Item 28 amends the implementation sentence at the end of the chapter to strike outdated references to the Iowa Code Supplement, to strike a reference to Iowa Code section 321A.32A, since Iowa Code chapter 321A is already referenced, and to add a reference to Iowa Code section 714.7D.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the person’s circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11. Public Comment    Any interested person may submit written comments concerning this proposed rule making or may submit a written request to make an oral presentation at a public hearing. Written comments or requests to present oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on February 20, 2018. The hearing will be canceled without further notice if no one requests the public hearing. Comments should be directed to: Tracy George Department of Transportation Strategic Communications and Policy800 Lincoln WayAmes, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing    If requested, a hearing to hear oral comments will be held as follows: February 22, 2018 10 a.m.Iowa DOTMotor Vehicle Division6310 SE Convenience BoulevardAnkeny, Iowa     Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    If the public hearing is requested, any persons who intend to attend the hearing and have special requirements, such as those related to hearing or mobility impairments, should contact Tracy George, the Department’s rules administrator, and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    Rule making related to state supplementary assistance    The Human Services Department hereby amends Chapter 51, “Eligibility,” and Chapter 52, “Payment,” Iowa Administrative Code. Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 249A.4 and 2017 Iowa Acts, House File 653, section 14.Purpose and Summary    These amendments implement the January 1, 2018, cost-of-living adjustments (COLA) to income limits and benefit amounts for several State Supplementary Assistance (SSA) categories. These amendments also implement the changed personal needs allowance for the residential care facility (RCF) assistance and family-life home (FLH) assistance. The net change to the personal needs allowance is a decrease due to a small COLA percentage increase that is offset by a larger decrease in the average monthly Medicaid copayments used to calculate the amount of this deduction.Reason for Adoption of Rule Making Without Prior Notice and Opportunity for Public Participation    Pursuant to Iowa Code section 17A.4(3), the Department finds that notice and public participation are unnecessary or impractical because the statute so provides. The Administrative Rules Review Committee reviewed this rule making on January 5, 2018, pursuant to 2017 Iowa Acts, House File 653, section 32. These amendments increase payment amounts and income limits under the SSA program in accordance with cost-of-living increases in Supplemental Security Income (SSI) benefits, as required by the Iowa General Assembly in order to meet federal pass-along requirements. Reason for Waiver of Normal Effective Date    Pursuant to Iowa Code section 17A.5(2)“b”(1)(a) and (b), the Department finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on January 5, 2018, because the rule making is in compliance with 2017 Iowa Acts, House File 653, section 14, and because it confers a benefit on the public by increasing payment amounts and income limits under the SSA program.Adoption of Rule Making    This rule making was adopted by the Council on Human Services on December 13, 2017.Concurrent Publication of Notice of Intended Action    In addition to its adoption on an emergency basis, this rule making has been initiated through the normal rule-making process and is published herein under Notice of Intended Action as ARC 3596C to allow for public comment.Fiscal Impact    The RCF and FLH personal needs allowances (PNAs) are decreasing by $1 per month from $100 to $99 per month. The base personal needs allowance is increased only slightly due to the 2 percent COLA this year. This increase was more than offset by the decrease in the average Medicaid copayment per client per month for RCF assistance recipients. (The average Medicaid copayment per client per month is added to the base PNA to determine the final monthly PNA.) The average copayment per client per month for RCF assistance recipients for August 2016 through July 2017 was $.90. This is a decrease of $2.89 from last year’s average of $3.79. For FLH recipients, the $16 increase in the payment to the FLH is offset by the $1 decrease in the personal needs deduction and a $15 increase in the SSI payment. The recipient will pay up to $16 more due to the $15 increase in income and a $1 decrease in the PNA. For RCF assistance recipients, the maximum total payment to the facility will increase up to $15.19 per month per recipient [(30.60 – 30.11) × 31 days]. RCF costs are shared by the state and the RCF assistance recipient. Any potential increased costs to the state are expected to be more than offset by declining RCF caseloads in SFY ’18 and SFY ’19. For dependent-person assistance recipients, the maximum monthly payment is increasing by $8, from $379 to $387. Each dependent-person assistance recipient will receive up to an $8 increase, resulting in an anticipated increase in state expenditures. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making became effective on January 5, 2018.    The following rule-making actions are adopted:

    Rule making related to Iowa organic program    The Department of Agriculture and Land Stewardship hereby amends Chapter 47, “Iowa Organic Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 190C.3.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 190C.Purpose and Summary    These amendments update provisions related to organic certification and remove provisions made redundant by national requirements already adopted by reference.  The amendments also rescind a number of items that were only recommendations. Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 25, 2017, as ARC 3403C. A public hearing was held on November 14, 2017, at 2 p.m. at the Wallace State Office Building, Des Moines, Iowa. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Department on January 10, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 21—Chapter 8.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making actions are adopted:

     Rule making related to statewide obstetrical and newborn indigent patient care program     The Department of Public Health hereby rescinds Chapter 75, “Statewide Obstetrical and Newborn Indigent Patient Care Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 135.152 and 2017 Iowa Acts, House File 393, division IV.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 135.152 and 2017 Iowa Acts, House File 393, division IV.Purpose and Summary    2017 Iowa Acts, House File 393, division IV, section 24, repealed Iowa Code section 135.152 that directed the Department to establish the obstetrical and newborn indigent patient care program.  The rules for administration of the program are located in Chapter 75.  This amendment rescinds Chapter 75.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 11, 2017, as ARC 3350C. No public comments were received. No changes from the Notice have been made.        Adoption of Rule Making    This rule making was adopted by the State Board of Health on January 10, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board of Health for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making action is adopted:

     Rule making related to office of minority and multicultural health     The Department of Public Health hereby rescinds Chapter 82, “Office of Minority and Multicultural Health,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 135.12 and 2017 Iowa Acts, House File 653.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 135.12 and 2017 Iowa Acts, House File 653.Purpose and Summary    2017 Iowa Acts, House File 653, division XXIII, removed all references to the Office of Minority and Multicultural Health from the Iowa Code. House File 653 removed the underlying statutory authority for Chapter 82. This amendment rescinds Chapter 82.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 11, 2017, as ARC 3351C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board of Health on January 10, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board of Health for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making action is adopted:

     Rule making related to local substitute medical decision-making boards     The Department of Public Health hereby rescinds Chapter 85, “Local Substitute Medical Decision-Making Boards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapter 135 and 2017 Iowa Acts, House File 393, section 24.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code section 135.11 and 2017 Iowa Acts, House File 393, section 24.Purpose and Summary    2017 Iowa Acts, House File 393, section 24, repealed Iowa Code section 135.29, which established the statutory authority for local substitute medical decision-making boards. This amendment rescinds Chapter 85, which established the requirements and procedures for local substitute medical decision-making boards.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 22, 2017, as ARC 3460C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board of Health on January 10, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board of Health for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making action is adopted:

     Rule making related to medical cannabidiol     The Department of Public Health hereby amends Chapter 154, “Medical Cannabidiol Act Registration Card Program,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 17A.3(1)“b” and 136.3(9) and 2017 Iowa Acts, House File 524, section 14(2).State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 124E and 2017 Iowa Acts, House File 524.Purpose and Summary    On May 12, 2017, Governor Branstad signed 2017 Iowa Acts, House File 524, which repealed existing Iowa Code chapter 124D and enacted new Iowa Code chapter 124E, the Medical Cannabidiol Act. The legislation was effective upon enactment. House File 524 expanded the state’s existing Medical Cannabidiol Act in a number of ways, including expanding the list of conditions for which a patient is eligible to receive a medical cannabidiol patient or primary caregiver registration card, establishing a Medical Cannabidiol Board, providing for licensure of medical cannabidiol manufacturers and dispensaries, establishing a fee structure for registration cards and licensure applications, and adding a new requirement for a real-time, 24/7 statewide medical cannabidiol registry management and seed-to-sale tracking system.    These amendments establish operational requirements for medical cannabidiol manufacturers and dispensaries as well as operating procedures for the newly created Medical Cannabidiol Board. The amendments implement the duties of the Department as related to manufacturing and dispensing and establish annual licensing procedures, manufacturer and dispensary operational requirements and prohibited activities, facility security requirements, advertising and marketing restrictions, and requirements for packaging and labeling, medical cannabidiol transportation and disposal, record keeping, medical cannabidiol production, quality assurance and control, supply and inventory tracking, inspections, penalty assessment, license suspension or revocation proceedings and closure of operations.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 25, 2017, as ARC 3420C. A public hearing was held on December 8, 2017, from 10 a.m. to 12 noon at the Lucas State Office Building, Des Moines, Iowa. An opportunity for public comment during the hearing was provided in person as well as through an operator-assisted conference call. There were two attendees at the public hearing, both of whom expressed support for the rule making and had no suggestions for edits to the proposed amendments.     Public comments were received from the Department’s licensed manufacturer, and a meeting was held with representatives of the licensed manufacturer on December 8, 2017, to review the comments received. The Department requested that suggested revisions to the proposed language be provided. The licensed manufacturer provided those suggested revisions on December 15, 2017. The Department analyzed the proposed revisions and accepted a number of them, including suggestions to make the security requirements less onerous for the regulated community while still preserving the ability to identify diversion of medical cannabidiol products or cannabis plant material. Recommended revisions to the product-labeling rules, as well as to the marketing and advertising rules, have not been incorporated at this time, as additional research into the practices in other states is ongoing. The Department understands the regulated community’s interest in labeling, marketing and advertising activities. The rules as adopted will still allow for labeling, marketing and advertising activities but will require the Department’s approval and oversight prior to commencement of these activities. Iowa Code references were updated to reflect codification of 2017 Iowa Acts, House File 524, at Iowa Code chapter 124E.Adoption of Rule Making    This rule making was adopted by the State Board of Health on January 10, 2018.Fiscal Impact     The Department anticipates that implementation of 2017 Iowa Acts, House File 524, will cause the expenditure of state funds in excess of $100,000 per year. Anticipated costs include personnel to oversee the startup and administration of the program, technology solutions that are required by the statute, and administrative costs for equipment and office supplies. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Waiver provisions for these rules are located at 641—Chapter 178.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making actions are adopted:

    Rule making related to Iowa health information network    The Department of Public Health hereby rescinds Chapter 206, “Iowa Health Information Network,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapter 135 and 2017 Iowa Acts, House File 393.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 135 and 2017 Iowa Acts, House File 393.Purpose and Summary    2017 Iowa Acts, House File 393, division VI, finalized the transition of the Iowa Health Information Network outside of state government. Pursuant to 2015 Iowa Acts, House File 381 (86th General Assembly), the Iowa Department of Public Health engaged in a competitive bid process to move the management and governance of the Iowa Health Information Network outside of state government. The transition of duties to the designated entity occurred by agreement effective March 31, 2017. Accordingly, as provided in 2015 Iowa Acts, House File 381, Iowa Code sections 135.154 through 135.156F were repealed effective March 31, 2017, and Iowa Code sections 135D.1 through 135D.7 took effect. The rules associated with the repealed Iowa Code sections are rescinded.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on October 11, 2017, as ARC 3352C. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the State Board of Health on January 10, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the State Board of Health for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making action is adopted:

     Rule making related to updates to racing and gaming rules     The Racing and Gaming Commission hereby amends 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.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code chapters 99F and 99D.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 99F and 99D.Purpose and Summary    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.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 8, 2017, as ARC 3434C. A public hearing was held on November 28, 2017. No one attended the public hearing.    The Iowa Gaming Association, on behalf of its members, wished to have further clarification regarding the language in subrule 5.4(15) and also asked the Commission to consider its concerns with paragraph 11.7(2)“c.” In addition, the Jockey Guild requested an allowance for black pants in the amendment to subparagraph 10.5(2)“j”(1). The Commission received several comments from the betting public unhappy with the proposed change to subrule 8.2(20) and one comment in support of the change.    As a result of the comments received, changes to the proposed amendments to 5.4(15), 10.5(2)“j”(1), and 11.7(2)“c” were made, and the revised rule making was added to the Commission’s January 4, 2018, meeting agenda.Adoption of Rule Making    This rule making was adopted by the Racing and Gaming Commission on January 4, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commission for a waiver of the discretionary provisions, if any.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making actions are adopted:

     Rule making related to planting and harvesting period     The Department of Transportation hereby amends Chapter 520, “Regulations Applicable to Carriers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code sections 307.12, 307A.2, 321.449 and 321.450.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 321.449 and 321.450.Purpose and Summary    The Department is amending rule 761—520.8(321), planting and harvesting periods. The Federal Motor Carrier Safety regulations established by the Federal Motor Carrier Safety Administration (FMCSA) impose hours-of-service limits on drivers of commercial motor vehicles, but exempt certain agricultural operations from those hours-of-service limits during the planting and harvesting period. 49 CFR 395.1(k) states that the hours-of-service limits imposed by 49 CFR Part 395, Hours of Service of Drivers, do not apply “during planting and harvesting periods, as determined by each State, to drivers transporting    “(1) Agricultural commodities from the source of the agricultural commodities to a location within a 150 air-mile radius from the source;     “(2) Farm supplies for agricultural purposes from a wholesale or retail distribution point of the farm supplies to a farm or other location where the farm supplies are intended to be used within a 150 air-mile radius from the distribution point; or    “(3) Farm supplies for agricultural purposes from a wholesale distribution point of the farm supplies to a retail distribution point of the farm supplies within a 150 air-mile radius from the wholesale distribution point.”    The Department implements this exception through rule 761—520.8(321). Rule 761—520.8(321) set the planting and harvesting period in Iowa as the period from March 15 through June 30 and October 4 through December 14.    This set and limited time period has proved too restrictive and inflexible, as it often does not align to changing weather and other conditions that may accelerate, delay, extend, or otherwise alter the planting and harvesting period. To remedy this, other states have defined their planting and harvesting period for this purpose to extend throughout the calendar year, January 1 to December 31, and the FMCSA has accepted this approach. The Department is amending rule 761—520.8(321) to take the same approach and define the planting and harvesting period in Iowa as January 1 to December 31. This change will allow Iowa drivers engaged in the subject agricultural operations to take advantage of the federal hours-of-service exemption whenever they are engaged in those operations, regardless of fluctuations in the actual planting and harvesting period in a given year. The change will also make this declaration of the planting and harvesting period match the declaration of the planting and harvesting period made for restricted commercial driver’s licenses (CDLs), which are licenses issued to suppliers or employees of suppliers of agricultural inputs that allow the license holder to operate commercial motor vehicles for the purpose of supplying agricultural inputs during planting and harvesting without applying and testing for a full CDL. In January 2017, the Department amended rule 761—607.49(321) to similarly change the planting and harvesting period declared for operation under restricted CDLs from March 15 through June 30 and October 4 through December 14 to January 1 to December 31. Making these declarations match will ensure that agricultural input drivers with restricted CDLs will not be subjected to inconsistent regulations that unnecessarily require them to comply with hours-of-service requirements while performing subject agricultural operations.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 6, 2017, as ARC 3482C. This rule making was also Adopted and Filed Emergency and published in the Iowa Administrative Bulletin as ARC 3483C on the same date. A public hearing was held on December 28, 2017. Five respondents submitted oral comments in support of the rule making. The Department received written comments from 15 respondents in support of the rule making. This amendment is identical to that published under Notice of Intended Action and Adopted and Filed Emergency.Adoption of Rule Making    This rule making was adopted by the Department on January 11, 2018.Fiscal Impact     The fiscal impact of this rule making cannot be determined. This rule making may result in fewer citations being issued for log book violations since the amendment extends the planting and harvesting period to last the calendar year. Jobs Impact    After analysis and review of this rule making, the Department determined that this amendment should have a positive impact on private sector jobs and employment opportunities in Iowa. Drivers engaged in agricultural operations subject to the exemption and businesses that employ the drivers will have more flexibility to conduct those operations throughout the year, regardless of year-to-year fluctuations in planting and harvesting seasons, and will be able to avoid unnecessarily investing in and using electronic logging devices, which should improve performance, profitability, and opportunity for employment.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.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018, at which time the Adopted and Filed Emergency rule making is hereby rescinded.    The following rule-making action is adopted:

     Rule making related to operations of workforce development board and regional advisory boards     The Iowa Workforce Development Board hereby amends Chapter 1, “Workforce Development Board,” and Chapter 6, “Regional Advisory Boards,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 84A and Public Law No. 113-128.Purpose and Summary    These amendments will give the Workforce Development Department a clearer framework from which to operate with regard to technology and modern efficiencies. The amendments will also help eliminate inefficiencies that remain as a result of outdated rules.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on December 6, 2017, as ARC 3480C. The Department received an inquiry regarding the timing of this rule making, as additional Workforce Innovation and Opportunity Act updates may necessitate further changes. The Department takes the position that these rules should be as updated as possible at this time, and delaying updates to accommodate future changes in the law is not necessary. ARC 3480C came before the Administrative Rules Review Committee for review on January 5, 2018, and no comments were received at that time. Three corrective changes from the Notice were made to Iowa Code citations in Items 4 and 15. Adoption of Rule Making    This rule making was adopted by the Iowa Workforce Development Board on January 10, 2018.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Workforce Development Board and Workforce Development Center Administration Division for a waiver of the discretionary provisions, if any. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on March 7, 2018.    The following rule-making actions are adopted: