Iowa Legislature: Bulletin_7_18

Bulletin 07-18-2018

Front matter not included

ARC 3892CAgriculture and Land Stewardship Department[21]Notice of Intended Action

Proposing rule making related to pre-entry permitting and providing an opportunity for public comment

The Agriculture and Land Stewardship Department hereby proposes to amend Chapter 65, “Animal and Livestock Importation,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 163.1.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 163.Purpose and Summary The proposed amendments modify the pre-entry import permitting required of businesses due to avian influenza or Newcastle outbreaks in their states. Producers for which permitting is required would be identified by their placement in the ten-kilometer circle of an infected site, instead of by the state involved. The time frame for permitting would be reduced from 90 days to 30 days. However, the Department could during the 30-day permitting time identify a different area or time based on epidemiological reasons. In addition, the type of test required is modified, and the name of the Newcastle disease is updated.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.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 August 7, 2018. Comments should be directed to: Margaret Thomson Iowa Department of Agriculture and Land Stewardship Wallace State Office Building502 East Ninth StreetDes Moines, Iowa 50319Email: margaret.thomson@Iowaagriculture.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend rule 21—65.1(163), definition of “Avian influenza- or exotic Newcastle disease-affected state,” as follows: "Avian influenza- or exoticvirulent Newcastle disease-affected statearea" "AI- or END-affected stateVND-affected area" means any statethe ten-kilometer circle in which avian influenza subtype H5 or H7 or ENDVND virus has been diagnosed in poultry within the last 9030 days prior to importation, unless the department has issued an order during the 30 days identifying a different area or time based on epidemiological reasons.

ITEM 2. Amend subrule 65.2(1) as follows: 65.2(1) Requests for permits should be directed to the Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, or may be made by telephoning the bureau at (515)281-5547 during normal business hours (7:30 a.m. to 4:30 p.m.).

ITEM 3. Amend paragraph 65.2(3)"b" as follows: b. All domestic fowl or poultry originating from an AI- or END-affected stateVND-affected area.

ITEM 4. Amend subrule 65.11(2) as follows: 65.11(2) Restrictions and limitations, general. a. All poultry, domestic fowl, and their hatching eggs being imported into the state and not originating from an AI- or END-affected stateVND-affected area must have a pre-entry permit issued by the Iowa Poultry Association. This permit may be obtained by calling (515)727-4701, extension 10100. b. Importations from an AI- or END-affected stateVND-affected area. (1) Approval. All domestic fowl, live poultry or poultry products from an AI- or END-affected state(s)VND-affected area may be considered for importation on a case-by-case basis following a risk assessment. (2) Documentation. Poultry or poultry products must originate from a flock that is classified as AI clean under provision of the NPIP. The CVI must indicate that the poultry or poultry products originate from an AI- or END-negativeVND-negative flock and include a description of the birds, the test date, test results, and the name of the testing laboratory.The initial tests required for pre-entry permitting of a flock from an AI-affected area include polymerase chain reaction (PCR) and agar gel precipitin (AGP) or enzyme-linked immunosorbent assay (ELISA). The PCR test is required for subsequent permitting during the originating area’s continuous designation as AI-affected. PCR is the test required of a flock from a VND-affected area. (3) Pre-entry permit. All domestic fowl, live poultry or poultry products originating from an AI- or END-affected stateVND-affected area must have a pre-entry permit issued by the state veterinarian.Requests for pre-entry permits should be directed to the Animal Industry Bureau, Department of Agriculture and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319, or may be made by telephoning (515)281-4103 during normal business hours. (4) Domestic fowl, live poultry or poultry products originating from a quarantined area shall not be allowed entry into the state.ARC 3891CAlcoholic Beverages Division[185]Notice of Intended Action

Proposing rule making related to personal importation of alcoholic liquor, wine, and beer and providing an opportunity for public comment

The Alcoholic Beverages Division hereby proposes to adopt new Chapter 9, “Personal Importation of Alcoholic Liquor, Wine, and Beer,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 123.10.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, Senate File 2347.Purpose and Summary This proposed rule making implements 2018 Iowa Acts, Senate File 2347. Proposed new Chapter 9 establishes a procedure for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amount provided in Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4, as applicable. The Alcoholic Beverages Commission approved the proposed new chapter of rules at its meeting held on June 13, 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 Granting or denying a request for the issuance of a waiver pursuant to new Chapter 9 is final agency action under Iowa Code chapter 17A. 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 185—Chapter 19. 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 Alcoholic Beverages Division no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Stephanie Strauss Alcoholic Beverages Division 1918 S.E. Hulsizer RoadAnkeny, Iowa 50021 Email: strauss@iowaabd.comPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Adopt the following new 185—Chapter 9: CHAPTER 9PERSONAL IMPORTATION OF ALCOHOLIC LIQUOR, WINE, AND BEER

185—9.1(123) Tax liability. The division makes no judgment or decision regarding any tax liability resulting from the personal importation of alcoholic liquor, wine, or beer as provided in Iowa Code section 123.10 as amended by 2018 Iowa Acts, Senate File 2347, section 1; Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4, as applicable.

185—9.2(123) Personal importation in excess of the amounts provided—waiver. The administrator may provide for the issuance of a waiver for an individual of legal age desiring to import alcoholic liquor, wine, or beer in excess of the amounts provided in Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4. The decision on whether the circumstances justify the issuance of a waiver shall be made at the discretion of the administrator upon consideration of all the relevant factors. 9.2(1) Criteria. The division may, in response to a completed request, issue a waiver, as applied to the circumstances of a specific situation if the division finds each of the following: a. The requester is an individual of legal age; b. The requester is an individual who was domiciled outside the state within one year of the request; c. The alcoholic liquor, wine, or beer imported pursuant to the waiver shall be only for personal consumption in a private home or other private accommodation and only if it is not sold, exchanged, bartered, dispensed, or given in consideration of purchase for any property or services or in evasion of the requirements of Iowa Code chapter 123; and d. The alcoholic liquor, wine, or beer imported pursuant to the waiver shall be in unopened original containers. 9.2(2) Domicile. Domicile, for the purposes of establishing when an individual is “domiciled outside the state,” shall be determined in accordance with rule 701—38.17(422). 9.2(3) Request. All requests for a waiver to import alcoholic liquor, wine, or beer in excess of the amount provided in Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4, shall be submitted in writing by completing a request for import authorization form and returning it to the division, as instructed. 9.2(4) Content of form. A request for import authorization form shall be prescribed by the division and shall include the following information: the name, date of birth, and personal contact information of the requester; full residential history of the requester for the past three years without gaps; a statement of reasons that the requester believes will justify import authorization; the destination address for the imported alcoholic beverages; the name, date of birth, and personal contact information of the recipient of the alcoholic beverages, if different from that of the requester; a detailed inventory of the alcoholic beverages for which the requester seeks import authorization; and any other information the administrator may require. 9.2(5) Burden of persuasion. When a request is filed for a waiver pursuant to this rule, the burden of persuasion shall be on the requester to demonstrate by clear and convincing evidence that the division should exercise its discretion in the granting of the waiver. 9.2(6) Notice. The division shall acknowledge a request for a waiver upon receipt of a completed request for import authorization form. 9.2(7) Additional information. Prior to granting or denying a request for a waiver, the division may request additional information from the requester relative to the request and surrounding circumstances. 9.2(8) Investigation. The division may conduct an investigation as the administrator deems necessary to determine that the requester meets the criteria in subrule 9.2(1) or to verify the accuracy of the information provided by the requester. 9.2(9) Ruling. A letter granting or denying a request for a waiver to import alcoholic liquor, wine, or beer in excess of the amount provided in Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4, shall be in writing and shall contain a description of the precise scope and duration of the waiver if one is issued. 9.2(10) Duration of waiver. A waiver issued pursuant to this rule shall allow only for the importation of the inventory of alcoholic beverages detailed on the request for import authorization form. If a waiver is granted, there is no automatic right to renewal. 9.2(11) Public availability. The division shall maintain a record of all waivers granted or denied under this rule. All rulings in response to requests for waivers shall be indexed and available to members of the public at the Alcoholic Beverages Division, 1918 S.E. Hulsizer Road, Ankeny, Iowa 50021. Waivers containing information that the division is authorized or required to keep confidential shall be edited prior to public inspection. 9.2(12) Cancellation. A waiver issued by the division pursuant to this rule may be withdrawn, canceled, or modified if, after appropriate notice, the division finds any of the following: a. The requester of the waiver withheld or misrepresented material facts relevant to the propriety or desirability of the waiver; or b. The recipient of the waiver has failed to comply with any of the conditions contained in the waiver. 9.2(13) Violations. Violation of a condition in a waiver is equivalent to a violation of Iowa Code section 123.10 as amended by 2018 Iowa Acts, Senate File 2347, section 1; Iowa Code section 123.22 as amended by 2018 Iowa Acts, Senate File 2347, section 2; Iowa Code section 123.171 as amended by 2018 Iowa Acts, Senate File 2347, section 5; or 2018 Iowa Acts, Senate File 2347, section 4, as applicable. The recipient of a waiver under this rule who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the applicable Iowa Code or Iowa Acts section. 9.2(14) Defense. After the division grants a waiver under this rule, the waiver is a defense within its terms and the specific facts indicated therein for the recipient of the waiver in any proceedings in which the waiver in question is sought to be invoked. 9.2(15) Appeals. Granting or denying a request for a waiver is final agency action under Iowa Code chapter 17A. These rules are intended to implement 2018 Iowa Acts, Senate File 2347, section 4, and Iowa Code sections 123.10, 123.22, 123.59 and 123.171 as amended by 2018 Iowa Acts, Senate File 2347.ARC 3895CAttorney General[61]Notice of Intended Action

Proposing rule making related to regulation of physical exercise clubs and providing an opportunity for public comment

The Attorney General hereby proposes to amend Chapter 26, “Regulation of Physical Exercise Clubs,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 552.20.State or Federal Law Implemented This rule making implements, in whole or in part, 2000 Iowa Acts, chapter 1021, section 4.Purpose and Summary The limited purpose of these changes is to remove rules that implemented a statutory provision that has been repealed. Iowa Code section 552.15 mandated that persons operating or intending to operate a physical exercise facility in the state of Iowa register with the Iowa Attorney General’s Consumer Protection Division. This provision was repealed by 2000 Iowa Acts, chapter 1021, section 4. Since the repeal, rules adopted by the Attorney General pursuant to the authority vested by Iowa Code section 552.20 are no longer good law. Rule 61—26.3(552), Registration, is such a rule. The rule’s continuing presence in the Iowa Administrative Code causes confusion because, though the rule is no longer enforced, persons operating physical exercise facilities are wary of disregarding its written stipulations. Thus, the Attorney General finds it both practical and legally necessary to rescind and reserve rule 61—26.3(552). In addition, the introductory paragraph of subrule 26.4(7) provides that a physical exercise club shall be provided notice of hearing at its place of business as shown on its registration statement. Now that these entities no longer have to register, it is no longer practical to send notice to these locations. Fortunately, these entities still have to file a copy of their escrow agreements with the Attorney General pursuant to paragraph 26.4(2)“a.” As such, their addresses should still be on file with the Attorney General notwithstanding their lack of registration. Thus, the Attorney General finds it practical and legally necessary to strike the language referencing registration from the introductory paragraph of subrule 26.4(7). 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 Attorney General for a waiver of the discretionary provisions, if any. 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 Office of the Attorney General no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Jessica Whitney Office of the Attorney General of IowaHoover State Office Building1305 East Walnut Street Des Moines, Iowa 50319515.281.8772Email: Jessica.Whitney@ag.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Rescind and reserve rule 61—26.3(552).

ITEM 2. Amend subrule 26.4(7), introductory paragraph, as follows: 26.4(7) Notice of hearing. The physical exercise club shall be provided notice of hearing at its place of business as shown on its registration statement. All buyers who have funds in the escrow account shall be provided notice of the hearing at their last-known address with costs assessed to the physical exercise club. Notice of hearing will include:ARC 3901CDental Board[650]Notice of Intended Action

Proposing rule making related to dental specialty advertising and providing an opportunity for public comment

The Dental Board hereby proposes to amend Chapter 26, “Advertising,” and to rescind Chapter 28, “Designation of Specialty,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 153.33 and 153.34.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 153.13.Purpose and Summary The proposed amendments clarify the requirements to advertise a specialty in the practice of dentistry to permit a dentist to advertise as a specialist if the dentist is a diplomate of, or board-eligible for, a national certifying board of a specialty recognized by the American Dental Association, or a diplomate of a board recognized by the American Board of Dental Specialties. In addition, the proposed amendments permit a dentist a third option for advertising as a specialist if the dentist is a diplomate of a national certifying board that meets established criteria. The American Dental Association has recently addressed the changing scope of specialization, and recent court cases have highlighted the constitutional rights of licensees to advertise the services they provide. Chapter 28 currently sets forth in detail the specialties that may be advertised and the requirements for those specialties. Because the proposed amendments to Chapter 26 set forth the criteria for advertising specialties, the Board is also proposing to rescind Chapter 28 at this time.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 Board for a waiver of the discretionary provisions, if any, pursuant to 650—Chapter 7. 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 Board no later than 4:30 p.m. on August 21, 2018. Comments should be directed to: Phil McCollum, Associate DirectorIowa Dental Board 400 S.W. Eighth Street, Suite DDes Moines, Iowa 50309Email: phil.mccollum@iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 21, 2018Board Office, Suite D2 p.m.400 S.W. Eighth StreetDes Moines, Iowa Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend rule 650—26.4(153) as follows:

650—26.4(153) Public representation. All advertisementadvertisements and public representations shall contain the name and address or telephone number of the practitioner who placed the ad. 26.4(1) If one’s practice is referred to in the advertisement, the ad may state either “general/family practice” or the American Dental Association recognized specialty that the practitioner practices“specialist,” “specializes,” or “specializing.” A dentist advertising or representing oneself as a specialist must comply with the other provisions of this rule. 26.4(2) No dentist may state or imply that the dentist is certified as a specialist when that is not the case. Use of the terms “specialist,” “specializing in” or other similar terms in connection with areas that are not recognized as specialties pursuant to 650—Chapter 28 is not permittedA dentist may advertise as a specialist if the dentist meets the standards set forth in this rule. a. The dentist wishing to advertise as a specialist must be a diplomate of, or board-eligible for, a national certifying board of a specialty recognized by the American Dental Association (ADA), or a diplomate of a board recognized by the American Board of Dental Specialties (ABDS); and b. The indicated area of specialty must be board-approved. Board-approved ADA specialties are as follows: dental public health, endodontics, oral and maxillofacial pathology, oral and maxillofacial surgery, orthodontics and dentofacial orthopedics, pediatric dentistry, periodontics, prosthodontics and oral and maxillofacial radiology. Board-approved ABDS specialties are as follows: oral implantology/implant dentistry, oral medicine, orofacial pain, and anesthesiology. 26.4(3) A certifying board may apply for a new area of specialty to become board-approved by submitting information regarding the area of specialty, including an explanation of how the proposed specialty is within the scope of practice of dentistry in Iowa, and proof of the following: a. The proposed specialty is separate and distinct from any preexisting specialty recognized by the board or combination of board-recognized dental specialties; b. The proposed specialty is a distinct and well-defined field which requires unique knowledge and skills beyond those commonly possessed by dental school graduates; c. The certifying board is an independent entity that is comprised of licensed dentists; whose membership is reflective of the proposed specialty; and that is incorporated and governed solely by the licensed dentists/board members; d. The certifying board has a permanent headquarters and staff; e. The certifying board has issued diplomate certificates to licensed dentists for at least five years; f. The certifying board requires passing an oral and written examination based on psychometric principles that tests the applicant’s knowledge and skill in the proposed specialty; g. The certifying board requires all dentists who seek certification in the proposed specialty to have successfully completed a specified, objectively verifiable amount of post-DDS or -DMD education and experience that is appropriate for the proposed specialty area, as determined by the board; and h. The certifying board’s website that includes online resources for the consumer to verify the certifying board’s certification requirements and a list of the names and addresses of the dentists who have been awarded certification by the board shall be made available for public access. 26.4(4) The use of the terms “specialist,” “specializes,” “orthodontist,” “oral and maxillofacial surgeon,” “oral and maxillofacial radiologist,” “periodontist,” “pediatric dentist,” “prosthodontist,” “endodontist,” “oral pathologist,” “public health dentist,” “dental anesthesiologist,” or other similar terms which imply that the dentist is a specialist may only be used by a licensed dentist meeting the requirements of this rule. A dentist who advertises as a specialist must avoid any implication that other dentists associated with the same practice are specialists unless the dentists also meet all of the requirements of this rule. 26.4(5) The term “diplomate” or “board-certified” may only be used by a dentist who has successfully completed the qualifying examination of the appropriate certifying board of one or more of the specialties recognized by the ADA or the ABDS, or as otherwise permitted pursuant to these rules. 26.4(6) A dentist advertising as a specialist pursuant to these rules shall include the name of the national certifying board and the name of the entity which recognizes the board in the advertisement. 26.(3) 26.4(7) DentistsA dentist may advertise the areas in which they practicethe dentist practices, including, but not limited to, specialty services, using other descriptive terms such as “emphasis on ________________” or other similar terms, as long as all other provisions of these rules regarding advertising are met.

ITEM 2. Rescind and reserve 650—Chapter 28.ARC 3897CEconomic Development Authority[261]Notice of Intended Action

Proposing rule making related to future ready Iowa registered apprenticeship development fund and providing an opportunity for public comment

The Economic Development Authority hereby proposes to adopt new Chapter 13, “Future Ready Iowa Registered Apprenticeship Development Fund,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 15.106A.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, House File 2458.Purpose and Summary 2018 Iowa Acts, House File 2458, creates the Future Ready Iowa Act to strengthen workforce development. One of the programs created within this Act is the Future Ready Iowa Registered Apprenticeship Development Fund. The stated purpose of the program is to provide financial assistance to incentivize small and medium-sized apprenticeship sponsors to establish new or additional apprenticeable occupations in the apprenticeship sponsors’ apprenticeship program in order to support the growth of apprenticeship programs and expand high-quality work-based learning experiences in high-demand fields and careers for persons who are employed in eligible apprenticeable occupations in Iowa. The proposed rules contain a purpose statement, definitions, a program description, eligibility and application requirements, application review and scoring criteria, and a requirement that an agreement be signed for receipt of financial assistance. The Economic Development Authority Board approved the proposed new chapter of rules at its meeting held on June 22, 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, the Authority has determined that this rule making will positively impact jobs in the state of Iowa by implementing the administration of a program designed to support apprentices and businesses in high-demand jobs. 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 Authority for a waiver of the discretionary provisions, if any, pursuant to 261—Chapter 199. Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Authority no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Jennifer Klein Economic Development Authority 200 East Grand AvenueDes Moines, Iowa 50309 Phone: 515.328.6144Email: jennifer.klein@iowaeda.comPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Adopt the following new 261—Chapter 13: CHAPTER 13FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT FUND

261—13.1(15,87GA,HF2458) Purpose. Pursuant to 2018 Iowa Acts, House File 2458, and Iowa Code section 15.106A, the authority is directed to establish a future ready Iowa registered apprenticeship development fund for the purpose of providing financial assistance to incentivize small and medium-sized apprenticeship sponsors to establish new or additional eligible apprenticeable occupations in the apprenticeship sponsor’s apprenticeship program in order to support the growth of apprenticeship programs and expand high-quality work-based learning experiences in high-demand fields and careers for persons who are employed in eligible apprenticeable occupations in Iowa.

261—13.2(15,87GA,HF2458) Definitions. For purposes of this chapter, unless the context otherwise requires: "Agreement" means a contract for financial assistance under the program describing the terms on which the financial assistance is to be provided. "Applicant" means a new or existing apprenticeship sponsor located in Iowa that has established an apprenticeship program involving an eligible apprenticeable occupation that is located in Iowa and approved by the United States Department of Labor, Office of Apprenticeship. "Apprentice" means a person who is at least 16 years of age, except where a higher minimum age is required by law, who is employed in an apprenticeable occupation, and is registered in Iowa with the United States Department of Labor, Office of Apprenticeship. "Apprenticeable occupation" means an occupation approved for apprenticeship by the United States Department of Labor, Office of Apprenticeship. "Apprenticeship program" means a program registered with the United States Department of Labor, Office of Apprenticeship, which includes terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, including the requirement for a written apprenticeship agreement. "Apprenticeship sponsor" means an entity operating an apprenticeship program or an entity in whose name an apprenticeship program is being operated, which is registered with or approved by the United States Department of Labor, Office of Apprenticeship. "Authority" means the economic development authority created in Iowa Code section 15.105. "Director" means the director of the authority. "Eligible apprenticeable occupation" means an apprenticeable occupation identified by the workforce development board or a community college pursuant to Iowa Code section 84A.1B as amended by 2018 Iowa Acts, House File 2458, as a high-demand job, after consultation with the authority. "Financial assistance" means assistance provided only from the funds, rights, and assets legally available to the authority and includes but is not limited to assistance in the form of a reimbursement grant to support the costs associated with establishing a new eligible apprenticeable occupation or an additional eligible apprenticeable occupation in an applicant’s apprenticeship program. "Program" means the procedures, agreement, terms, and assistance established and provided pursuant to this chapter.

261—13.3(15,87GA,HF2458) Program description. 13.3(1) Amount, form, and timing of assistance. a. The program provides financial assistance in the form of reimbursement grants to support the costs associated with establishing a registered apprenticeship program or adding additional apprenticeable occupations to an applicant’s registered apprenticeship program. b. The maximum grant per applicant per year shall not exceed 50 percent of the apprenticeable occupation budget. The maximum amount awarded to an applicant for any one application per fiscal year shall not exceed $25,000. The aggregate maximum amount that may be awarded to any one applicant per fiscal year for an aggregate number of applications shall not exceed $50,000. c. The applicant will apply for grant funding based on activities during the calendar year prior to the application period. 13.3(2) Application. a. Forms.All applications and other filings related to the program shall be on such forms and in accordance with such instructions as may be established by the authority. Information about the program, the application, and application instructions may be obtained by contacting the authority or by visiting the authority’s website: Iowa Economic Development Authority200 East Grand Avenue, Des Moines, Iowa 50309(515)348-6200iowaeconomicdevelopment.com b. Application requirements.The application shall require any information reasonably required by the authority to determine eligibility and to make award determinations. The application submitted by the applicant should reflect program information from the calendar year prior to the application period. c. Application period.Each fiscal year during which funding is available, applications for financial assistance will only be accepted between January 1 and February 1 of each calendar year following the start of the fiscal year. The authority may adjust these dates under extenuating circumstances and will notify affected parties. The authority may add a funding window if available funds are not exhausted during the initial submission window and will publish such application dates on the authority’s website. d. Complete application required.An application shall not be considered submitted for review until the application is completed and all required supporting documentation and information are provided to the authority. 13.3(3) Application review and scoring. The authority will review applications in the order they are received. Authority staff will review and score applications in accordance with rule 261—13.4(15,87GA,HF2458) and make funding recommendations to the director. If the amount of funding requested by eligible applicants exceeds the amount of funding available to the authority in any given fiscal year, authority staff will make recommendations to the director as to allocation of available funding. The authority may deny applications for incompleteness or because of insufficient funds.

261—13.4(15,87GA,HF2458) Program eligibility, application scoring, and awards. 13.4(1) Program eligibility. a. To be considered for an award under this program, an apprenticeship program sponsor must meet the following eligibility requirements: (1) The apprenticeship sponsor established a new eligible apprenticeable occupation or added an eligible apprenticeable occupation to the apprenticeship sponsor’s existing apprenticeship program in the calendar year prior to the application period. (2) Twenty or fewer apprentices are registered in the existing apprenticeship program as of December 31 of the calendar year prior to the date the authority receives the apprenticeship sponsor’s application. (3) More than 70 percent of the applicant’s apprentices are residents of Iowa, and the remainder of the applicant’s apprentices are residents of states contiguous to Iowa. In determining the number of apprentices in an applicant’s apprenticeship program, the authority may calculate the average number of apprentices in the program within the most recent two-year period. b. An apprenticeship sponsor receiving financial assistance under Iowa Code chapter 15B is ineligible for financial assistance under this chapter during the same fiscal year. 13.4(2) Application scoring criteria. Applications for financial assistance under the program shall be reviewed and scored as described below. To be considered eligible for funding, an application must receive a minimum score of 65 out of a possible 100 points and meet all other eligibility criteria specified in these rules. If an applicant does not meet all eligibility requirements, the application will not be scored. a. Budget and costs.The extent to which the applicant’s budget and estimated or real program costs are based on industry standards for the eligible occupation. (maximum 30 points) b. Application of financial assistance.The applicant has provided specific details regarding the use of funding and how it will be applied. (maximum 30 points) c. Local support.The applicant has provided documentation of local support from area partners, such as schools, local government entities, and other employers that may benefit from the apprenticeship program. (maximum 10 points) d. Additional funding.The authority will take into consideration sources of funding for establishing an apprenticeable occupation. Scores will be based on whether the source of funding is public or private, whether the funding is repayable, and the proportion of internal funding to funding from other sources. Higher scores will be awarded if the source of funding is a private entity, if the funding is repayable, and if the amount of internal funding is more than 50 percent of funding needed to establish the apprenticeable occupation. (maximum 10 points) e. Certification of worker safety.The applicant has not violated state or federal statutes, rules or regulations, including environmental wand worker safety regulations, or if such violations have occurred, the violations have been addressed and mitigated. (maximum 10 points) f. Certification of employment at an Iowa work site.The applicant has certified that the apprentices identified by their U.S. Department of Labor identification numbers and represented in the application are registered with the applying sponsor or lead sponsor’s registered apprenticeship program and that each apprentice listed worked some time in Iowa during the prior calendar year. (maximum 10 points) 13.4(3) Financial assistance awards. The director will make final funding decisions after considering the recommendations of staff. Successful applicants will be notified in writing of an award of financial assistance, including the conditions and terms of approval. a. Disbursement of funds.The authority will disburse funds to a successful applicant only after approval of a completed application and execution of an agreement between the applicant and the authority pursuant to this chapter. Prior to disbursement of funds, the applicant must provide the authority with confirmation of expenses detailed in the applicant’s budget and the authority must confirm that all terms for financial assistance have been met. b. Form of financial assistance.The authority will provide financial assistance in the form of a grant to the applicant. The amount of the grant and any other terms shall be included in the agreement required pursuant to this chapter. c. Use of funds.An applicant shall use funds only for reimbursement of the costs directly related to the project. The authority may require documentation or other information establishing the actual costs incurred for a project. Failure to use the funds for reimbursement of the costs directly related to a project shall be grounds for default under the agreement required pursuant to this chapter.

261—13.5(15,87GA,HF2458) Agreement required. 13.5(1) Each applicant that is approved for financial assistance under the program shall enter into an agreement with the authority for the provision of such financial assistance. The agreement will establish the terms on which the financial assistance is to be provided and may include any other terms reasonably necessary for the efficient administration of the program. 13.5(2) The authority and the applicant may amend the agreement at any time upon the mutual agreement of both the authority and the applicant. 13.5(3) The agreement may require an applicant that has been approved for financial assistance under the program to submit information reasonably required by the authority to make reports to the authority’s board, the governor’s office, or the general assembly. These rules are intended to implement 2018 Iowa Acts, House File 2458.ARC 3900CHuman Services Department[441]Notice of Intended Action

Proposing rule making related to developmental disabilities and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 38, “Developmental Disabilities Basic State Grant,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 225C.6.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 225C.6 and 42 U.S.C. Chapter 144.Purpose and Summary These proposed amendments to Chapter 38 are the result of a general review of administrative rules to make necessary updates and to simplify the content wherever possible. The amendments update references to the federal authorizing legislation, remove prescriptive language that mirrors the federal legislation and replace it with references to the legislation, bring contracting language into conformity with the Iowa Code and Iowa administrative rules, and update the name of the Iowa Developmental Disabilities Council (DD Council).Fiscal Impact No additional costs to the regulated community or State of Iowa as a whole are anticipated. DD Council staff has reviewed the changes and agreed that this rule making will not affect the operation or responsibilities of the DD Council. The DD Council’s constituents and the general public are not expected to experience any changes. 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 the Department’s general rule on exceptions to policy at 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 August 7, 2018. Comments should be directed to: Harry Rossander Bureau of Policy CoordinationDepartment of Human Services Hoover State Office Building, Fifth Floor1305 East Walnut StreetDes Moines, Iowa 50319-0114Email: policyanalysis@dhs.state.ia.usPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend 441—Chapter 38, chapter preamble, as follows: PreamblePursuant to the Developmental DisabilitiesAssistance and Bill of Rights Actof 2000, 42 U.S. Code, Section 6000, et seq.42 U.S.C. Chapter 144, (DD Act) and Iowa Code section 225C.3, the department of human services has been designated as the administering agency to receive the federal assistance to the state developmental disabilities councils from the federal administration on developmental disabilitiesAdministration for Community Living. These funds are used by the governor’sIowa developmental disabilities council.The purpose of this chapter is to define and structurethe funding of projects by the governor’sIowa developmental disabilities council (also known as the governor’sIowa DD council). Projects are designed to influence change in the system of services and supports in Iowa to increase the independence, productivity, and community integration of peopleindividuals with developmental disabilities.Funding priorities for projects are established by the governor’sIowa DD council in the state plan.

ITEM 2. Amend rule 441—38.1(225C,217), definitions of “Governor’s DD council” and “Projects,” as follows: "Governor’sIowa DD council" means the governor’sIowa developmental disabilities council. "Projects" means activitiesdescribed in the Iowa DD council’s five-year plan that are designed to address the priority areas as established inpurpose and priorities established by the DD Act through any of the following:to undertake advocacy, capacity-building, and systemic-change activities that contribute to a coordinated, person- and family-centered, and individual- and family-directed comprehensive system of community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families.

Activities to increase the capacities and resources of public and private nonprofit entities and others to develop a system for providing specialized services or special adaptations of generic services or other assistance which responds to the needs and capabilities of people with developmental disabilities and their families and to enhance coordination among entities.
The conducting of studies and analyses; gathering of information; development of model policies and procedures; and presentation of information, models, findings, conclusions and recommendations to federal, state and local policymakers, in order to enhance opportunities for people with developmental disabilities, including the enhancement of a system for providing or making available specialized services or special adaptations of generic services for people with developmental disabilities and their families.
The demonstration of new ways to enhance the independence, productivity and integration into the community of people with developmental disabilities, such as model demonstrations which, if successful, will be made generally applicable through sources of funding other than funding under the DD Act, including new ways to enhance specialized services or special adaptations of generic services for people with developmental disabilities and their families.
Outreach activities for people with developmental disabilities to enable them to obtain assistance in the priority areas established in the state plan, including access to specialized services or special adaptations of generic services for people with developmental disabilities and their families.
Training for people with developmental disabilities, their family members, and personnel, including professionals, paraprofessionals, students and volunteers on obtaining access to, or on providing, services and other assistance in the area, including specialized services or special adaptations of generic services for people with developmental disabilities and their families.
Similar activities designed to prevent developmental disabilities from occurring or to expand and enhance the independence, productivity and integration into the community of people with developmental disabilities through the state on a comprehensive basis.

ITEM 3. Amend rule 441—38.2(225C,217) as follows:

441—38.2(225C,217) Program eligibility. For any year in which Congress appropriates funds, the governor’sIowa DD council shall, consistent with the state plan and the priorities established under the DD Act, determine projects to fund under the developmental disabilities basic state grant program. Funding priorities will be established by the governor’sIowa DD council in the state plan and will be consistent with the priorities established in the DD Act. (Applications for capital expenditures or capital renovations are not eligible for funding.) The governor’sIowa DD council may award funding through any of the followingdepartment-approved processes:for competitive, sole source, or unsolicited proposalsin accordance with the provisions of 11—Chapter 117 for the procurement of goods and services of general use.

ITEM 4. Rescind rules 441—38.3(225C,217) to 441—38.8(225C,217).

ITEM 5. Renumber rule 441—38.9(225C,217) as 441—38.3(225C,217).

ITEM 6. Amend renumbered rule 441—38.3(225C,217) as follows:

441—38.3(225C,217) Contracts. The funds for approved projects will be awarded through a contract entered into by the director and the applicant. The work statement of the contract and the budget will be mutually negotiated between the director or designee and the applicant. The contract may cover a period not to exceed 24 months. The contract shall set forth the expectations and terms of compliance between the contractor and the director.The Iowa DD council may award funding through any of the department-approved processes for competitive or noncompetitive procurements in accordance with the provisions of 11—Chapter 117 for the procurement of goods and services of general use and 11—Chapter 118 for purchasing standards for service contracts.

ITEM 7. Rescind rule 441—38.11(225C,217).

ITEM 8. Renumber rule 441—38.12(225C,217) as 441—38.4(225C,217).

ITEM 9. Amend renumbered rule 441—38.4(225C,217) as follows:

441—38.4(225C,217) Conflict of interest policy. All governor’sIowa DD council members and those serving in an advisory capacity to the governor’sIowa DD council as defined in 441—subparagraph1.7(8)“c”(2) shall not engage in activities that present a conflict of interest. 38.4(1) Governor’sIowa DD council members and those serving in an advisory role to the governor’sIowa DD council are prohibited from applying for any project when they were involved in recommending the project, or designing or developing the request for proposal. 38.4(2) All governor’sIowa DD council members and those serving in an advisory capacity to the governor’sIowa DD council who serve or whose family members serve as officers, directors, partners, consultants, or employees of the applicant being evaluated shall be excluded from preliminary review of proposals, discussing with governor’sIowa DD council members who will be voting, and advising or voting on the evaluation of that applicant and all other applicants submitting proposals in that category.ARC 3894CInsurance Division[191]Notice of Intended Action

Proposing rule making related to multiple employer welfare arrangements and providing an opportunity for public comment

The Insurance Division hereby proposes to rescind Chapter 77, “Multiple Employer Welfare Arrangements,” Iowa Administrative Code, and to adopt a new Chapter 77 with the same title.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 505.8 and 507A.4 and 2018 Iowa Acts, Senate File 2349.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 507A.4 as amended by 2018 Iowa Acts, Senate File 2349.Purpose and Summary Proposed new Chapter 77, which will supersede current Chapter 77 relating to multiple employer welfare arrangements, serves two purposes. The first purpose of the new chapter is to comply with 2018 Iowa Acts, Senate File 2349, section 2, which requires the Insurance Commissioner to adopt rules to implement its provisions. Senate File 2349 provides, among other things, that an entity that wants to act in Iowa as a multiple employer welfare arrangement (MEWA) must, in addition to meeting the other requirements of Iowa Code chapter 507A, meet certain “membership stability” requirements set forth by the Insurance Commissioner by rule. New Chapter 77 included in this Notice is intended to set forth such membership requirements for entities wishing to establish a self-funded MEWA, by ascertaining that there is a firm foundation for the stability of the underlying organization. Such stability is critical to ensure consumer protection. The second purpose intended by proposed new Chapter 77 is to implement the observations related to current Chapter 77 made during the Insurance Division’s five-year review of all of the Division’s administrative rules (under agency identification number 191 in the Iowa Administrative Code). That five-year review was conducted pursuant to Iowa Code section 17A.7(2) and was completed in July 2017. Pursuant to those observations, this new version of Chapter 77 reflects edits to existing rules for purposes of clarification, updating, and consistency with other Iowa Code and Iowa Administrative Code provisions. A document that shows the changes made to existing Chapter 77 for both of the purposes outlined above can be found on the Insurance Division website at iid.iowa.gov. The rules of current Chapter 77 are renumbered in new Chapter 77 as follows: Rule number in current Chapter 77:Rule number in new Chapter 77:191—77.1(507A) 191—77.2(507A) 191—77.1(507A) 191—77.3(507A)191—77.2(507A) 191—77.4(507A)Subrule 77.2(4) Subrule 77.6(5)Subrules 77.3(1) and 77.3(2) 191—77.5(507A)Subrule 77.3(3)191—77.6(507A)191—77.7(507A)191—77.4(507A)191—77.8(507A)191—77.5(507A) 191—77.9(507A)191—77.6(507A) 191—77.10(507A)191—77.7(507A) 191—77.11(507A)191—77.8(507A)191—77.12(507A)191—77.9(507A)191—77.13(507A,507B)191—77.10(507A)191—77.14(507A)191—77.11(507A)191—77.15(507A) The changes made to the current version of Chapter 77 for the purpose of implementing 2018 Iowa Acts, Senate File 2349, section 2, are as follows:

New rules 191—77.1(507A) and 191—77.2(507A) are added to set forth the chapter’s purpose and the chapter’s definitions.

A sentence is added to the end of current rule 191—77.1(507A) (new rule 191—77.3(507A)).

Current rule 191—77.2(507A) (new rule 191—77.4(507A)) is modified as follows: The catchwords are modified; new wording is added in paragraphs 77.4(1)“c” and “d”; outdated language in existing subparagraph 77.2(1)“g”(2) has been omitted; the requirement that a MEWA must have been organized and maintained for ten years has been deleted, and new language is added to subparagraph 77.4(1)“g”(3) relating to organization requirements; additional requirements are added in subparagraph 77.4(1)“g”(5); and a new paragraph 77.4(1)“k,” which requires the submission of biographical affidavits for the members of the MEWA board of directors to be filed as part of the MEWA application process for obtaining a certificate of registration, is added.

Filing requirements in new rule 191—77.6(507A) are updated, and a new quarterly report requirement is added as subrule 77.6(4).

New membership requirements for self-insured MEWAs are added as new rule 191—77.7(507A).

Current rule 191—77.4(507A) (new rule 191—77.8(507A)) is modified as follows: The time deadline for contract compliance has been removed; a new sentence is added to the required notice to purchasers in subrule 77.8(1); modifications are made to new subrule 77.8(2), guaranteed issue; and a new subrule 77.8(5), compliance with state mandates, is added to require compliance mainly with Iowa Code chapter 514C, but also with any other state mandates.

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. Unless unanticipated numbers of MEWA entities apply for certificates of registration, the staff of the Insurance Division should be able to handle the work required to administer these rules. Waivers The Division’s general waiver provisions of 191—Chapter 4 apply to these rules. 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 10:30 a.m. on August 8, 2018. Comments should be directed to: Ann Outka Insurance Division Two Ruan Center601 Locust Street, Fourth FloorDes Moines, Iowa 50309 Fax: 515.281.3059 Email: ann.outka@iid.iowa.govPublic Hearing A public hearing at which persons may present their views orally or in writing will be held as follows: August 8, 2018Insurance Division Offices10:30 a.m. to 12 noon Two Ruan Center601 Locust Street, Fourth FloorDes Moines, Iowa At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of this proposed rule making. Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division 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 action is proposed:

ITEM 1. Rescind 191—Chapter 77 and adopt the following new chapter in lieu thereof: CHAPTER 77MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

191—77.1(507A) Purpose. This chapter is intended to establish rules for the establishment and registration of multiple employer welfare arrangements that intend to offer an employer welfare benefit plan to, and maintain the plan for, any resident of this state.

191—77.2(507A) Definitions. "Beneficiary" means as it is defined in 29 U.S.C. Section 1002(8). "Commissioner" means the Iowa insurance commissioner or, as delegated by the commissioner, the insurance division. "Employee" means as it is defined in 29 U.S.C. Section 1002(6). "Employee welfare benefit plan" means as it is defined in 29 U.S.C. Section 1002(1). "Employer" means as it is defined in 29 U.S.C. Section 1002(5). "Enrollee" means an individual covered under the MEWA. "Health coverage" means a policy or certificate that provides coverage for medical, dental, optical, surgical, hospital, accident and sickness, prescription, or disability benefits or life insurance. "Member" means an employer participating in the MEWA. "MEWA" means a multiple employer welfare arrangement as defined in 29 U.S.C. Section 1002(40). "Participant" means an enrollee or other beneficiary covered under the MEWA. "Person" means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization, or as “person” is defined in 29 U.S.C. Section 1002(9).

191—77.3(507A) Certificate of registration. A person shall not establish or maintain a self-insured employee welfare benefit plan that is a MEWA in this state unless the MEWA obtains and maintains a certificate of registration pursuant to this rule. Such certificate of registration is required for all MEWAs that elect to offer employer welfare benefit plans to residents of this state.

191—77.4(507A) Application for certificate of registration for self-insured MEWAs. 77.4(1) A person wishing to obtain a certificate of registration as a MEWA pursuant to this chapter shall submit an application and a plan of operation to the commissioner. This application and plan of operation shall include the following: a. A business plan, including a copy of all health coverage contracts or other instruments which the MEWA proposes to make with or sell to its employer members or its association’s or group’s members, a copy of its health coverage description and the printed matter to be used in the solicitation of employer members or its association’s or group’s members to purchase the health coverage. b. Copies of all articles, bylaws, agreements, or other documents or instruments describing the rights and obligations of employers, employees, and beneficiaries with respect to the MEWA. c. A current list of all members of the employer group or association sponsoring the MEWA, a description of the relationship among the employers, a description of how the relationship serves as the basis for the formation of the association or employer group, and a description of how the employer group or association complies with subrules 77.7(1) and 77.7(2), if applicable. d. A description of the activities of the association or group of employers on behalf of its employer members or its association’s or group’s members other than the sponsorship of the MEWA, to further demonstrate compliance with subrule 77.7(1), if applicable. e. Current financial statements of the MEWA that shall include, at a minimum, balance sheets, an income statement, a cash flow statement and a detailed listing of assets. f. An actuarial opinion which is prepared, signed, and dated by a person who is a member of the American Academy of Actuaries and which states that appropriate loss and loss adjustment reserves have been established, that adequate premiums are being charged, and that the association is operating in accordance with sound actuarial principles and in conformance with this rule. g. A statement from an authorized representative of the applicant that certifies all of the following: (1) The MEWA shall be administered by an authorized insurer or by an authorized third-party administrator. (2) The MEWA is established by a trade, industry, or professional association of employers that has a constitution or bylaws, is organized and maintained in good faith, and meets all membership requirements set forth in rule 191—77.7(507A). (3) The association or group of employers sponsoring the MEWA is engaged in substantial activity for its members other than sponsorship of an employer welfare benefit plan. (4) The association is a nonprofit entity organized or authorized to do business under applicable Iowa law. (5) No insurance producers or benefits consultants established, sponsored, administer, or serve as a trustee or on the governing body of the MEWA. h. A certificate from the applicant’s legal representative that, to the best of the legal representative’s knowledge and belief, the MEWA is in compliance with all applicable provisions of the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.). i. A description of and evidence of a mechanism, approved by the commissioner, to ensure that claims shall be paid in the event an employer member of the MEWA is unable to comply with the MEWA’s contribution requirements. j. A copy of the most recent Form M-1 filed by the MEWA with the U.S. Department of Labor, Pension and Welfare Benefits Administration. k. Biographical affidavits from all members of the board of directors of the MEWA. The affidavits shall be prepared using the current template for biographical affidavits prescribed by the National Association of Insurance Commissioners. This requirement shall not apply to any MEWA registered with the state prior to January 1, 2018. l. Any additional information requested by the commissioner. 77.4(2) The commissioner shall examine the application, the plan of operation, and any supporting documents submitted by the applicant. The commissioner may conduct any investigation that the commissioner may deem necessary and may examine under oath any persons interested in or connected with the MEWA. 77.4(3) Within a reasonable time, either the commissioner shall issue to the MEWA a certificate of registration upon finding that the applicant MEWA has met all requirements or the commissioner shall deny the application for a certificate of registration and provide notice to the applicant MEWA setting forth reasons for finding that the applicant MEWA does not meet all the requirements. An unsuccessful applicant may file a new application for a certificate of registration at any time.

191—77.5(507A) Financial requirements. 77.5(1) Surplus. a. Unless otherwise provided below or pursuant to the discretion of the commissioner, each MEWA shall deposit with an organization or trustee meeting the requirements of rule 191—32.4(508) cash, securities or any combination of these that is acceptable to the commissioner in the amount set forth below. In addition to the requirements set forth below, the commissioner may increase the amount required to be deposited based on the commissioner’s written determination that such an increase is necessary to adequately secure any potential liability of the MEWA to its employer members and enrollees, subject to Iowa Code chapter 17A proceedings. b. The surplus requirement for a MEWA shall be the greater of: (1) $500,000; or (2) An amount equal to 10 percent of the written premium as of the previous December 31. 77.5(2) Reserves and stop-loss coverage. a. A MEWA shall have at all times aggregate excess stop-loss coverage providing the MEWA with coverage with an attachment point which is not greater than 120 percent of actuarially projected losses on a calendar-year basis. b. A MEWA shall establish and maintain specific stop-loss coverage providing the MEWA with coverage with an attachment point which is not greater than 5 percent of annual expected claims for purposes of this subrule and shall provide for adjustments in the amount of that percentage as may be necessary to carry out the purposes of this subrule as determined by sound actuarial principles. c. A MEWA shall establish and maintain appropriate loss and loss adjustment reserves determined by sound actuarial principles. d. Premiums shall be set to fund at least 100 percent of the MEWA’s actuarially projected losses plus all other costs of the MEWA. e. All coverage obtained pursuant to paragraphs 77.5(2)“a” and “b” shall contain a provision allowing for at least 90 days’ notice to the commissioner upon cancellation or nonrenewal of the contract. f. No contract or policy of per-occurrence or aggregate excess insurance shall be recognized in considering the ability of an applicant to fulfill its financial obligations under this subrule, unless such contract or policy is issued by a company that is: (1) Licensed to transact business in this state; or (2) Authorized to do business in Iowa as an accredited or certified reinsurer.

191—77.6(507A) Filing requirements. A MEWA shall file the following reports with the commissioner: 77.6(1) Annual report. A MEWA shall annually, on or before the first day of March, file a report which has been verified by at least two of its principal officers and which covers the preceding calendar year. The report shall be on the form designated by the commissioner. The report shall be completed using statutory accounting practices and shall include information required by the commissioner. The commissioner may request additional reports and information from a MEWA as deemed necessary. 77.6(2) Independent actuarial report. A MEWA shall annually, on or before the first day of March, file an independent actuarial opinion prepared in conformance with this rule. The commissioner may conduct an independent actuarial review of a MEWA in addition to the actuarial opinion required by this rule. The cost of any actuarial review shall be paid by the MEWA. 77.6(3) Certificate of compliance. A MEWA shall annually, on or before the first day of March, file a certificate of compliance, which shall be signed and dated by the appropriate officer representing the MEWA and shall certify all of the following: a. That the plan meets the requirements of this rule and the applicable provisions of Iowa statutes and regulations. b. That an independent actuarial opinion that attests to the adequacy of reserves, rates, and the financial condition of the plan has been attached to the certificate of compliance. The actuarial opinion must include, but is not limited to, a brief commentary about the adequacy of the reserves, rates, and other financial condition of the plan, a test of the prior year’s claim reserve, a brief description of how the reserves were calculated, and whether or not the plan is able to cover all reasonably anticipated expenses. The actuarial opinion shall be prepared, signed, and dated by a person who is a member of the American Academy of Actuaries. c. That a written complaint procedure has been implemented. The certificate of compliance shall also list the number of complaints filed by participants under the written complaint procedure, and the percentage of participants filing written complaints in the prior calendar year. d. That the MEWA has contracted with an insurer authorized to do business in this state or with a third-party administrator who holds a current certificate of registration issued by the commissioner pursuant to Iowa Code section 510.21. 77.6(4) Quarterly updates. A self-insured MEWA formed after January 1, 2018, shall provide during the first year after the commissioner issues the MEWA’s certificate of registration a quarterly update comparing projections to actual experience. 77.6(5) Modifications to plan of operations. A MEWA shall file any modifications to the MEWA’s plan of operation, including but not limited to amendments to articles of incorporation and bylaws.

191—77.7(507A) Membership requirements for self-insured MEWAs. 77.7(1) Any employer group or association that intends to form a MEWA shall have been established for a good-faith purpose other than for the purpose of providing insurance or a health plan. 77.7(2) The employer group or association that wishes to form a MEWA shall have been in existence for a period of five years at the time it seeks a certificate of registration as a MEWA. 77.7(3) The employer group or association sponsoring the MEWA shall collect annual dues from its employer members. 77.7(4) Each employer member that participates in an employer welfare benefit plan offered by the MEWA shall meet the definition of “employer” as set forth in Iowa Code chapter 513B. 77.7(5) Any employer member that participates in an employer welfare benefit plan offered by a MEWA shall be a member of the employer group or association sponsoring the MEWA. 77.7(6) Any employer member that participates in an employer welfare benefit plan offered by a MEWA shall be required to participate in the MEWA for a period of not less than five calendar years. Any contract issued by a MEWA to an employer shall contain reasonable enforcement provisions, including but not limited to reasonable fees or assessments for early departure and for enrollment in another MEWA during the early-departure period. 77.7(7) The activities of the MEWA, including the establishment and maintenance of the employer welfare benefit plan, shall be controlled by the MEWA’s employer members, either directly or indirectly through the regular nomination and election of directors, trustees, officers, or other similar representatives to control on the employer members’ behalf. 77.7(8) The membership requirements set forth in subrules 77.7(1) through 77.7(7) are not applicable to MEWAs that received a certificate of registration from the commissioner prior to January 1, 2018.

191—77.8(507A) Policy or contract. All contracts issued by a MEWA shall comply with the following: 77.8(1) Notice to purchasers. Every MEWA application for coverage under the health plan and every policy and certificate issued by a MEWA shall contain in ten-point type on the front page the following notice prominently displayed:NOTICEThis policy is issued by a multiple employer welfare association (MEWA). MEWAs are not subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your MEWA.Please review the policy closely to understand the covered benefits. 77.8(2) Guaranteed issue. MEWAs shall offer on a guaranteed-issue basis health coverage to all individuals who qualify as enrollees of the employer welfare benefit plan offered by an employer member participating in the MEWA. 77.8(3) Types of benefits that can be offered. MEWAs shall offer only medical, dental, optical, surgical, hospital, accident and sickness, prescription, life insurance, or disability benefits. A MEWA that offers life insurance benefits shall comply with all applicable provisions of the Iowa Code relating to life insurance and life insurance companies. 77.8(4) Compliance with HIPAA. All contracts or policies issued by a MEWA shall conform to all the provisions of P.L. 104-191, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including but not limited to guaranteed issue of all products, preexisting condition limitations, renewability, and portability provisions as well as the issuance of prior coverage certificates to enrollees no longer eligible for plan coverage. 77.8(5) Compliance with state mandates. The employer welfare benefit plan offered by a MEWA shall comply with all applicable state mandates, including Iowa Code chapter 514C.

191—77.9(507A) Disclosure. The following disclosure shall be made to each employer member of the MEWA: The benefits and coverages described herein are provided through a self-insured trust fund established and funded in full or in part by a group of employers. It is not a licensed insurance company and it is not protected by a guaranty fund in the event of insolvency.

191—77.10(507A) Filing fee. A filing fee of $100 shall accompany each application for a certificate of registration as a MEWA.

191—77.11(507A) Agreements and management contracts. Any agreement between the MEWA and any administrator, service company, or other entity shall be made available for review in the office of the commissioner upon request by the commissioner.

191—77.12(507A) Examination. 77.12(1) Each MEWA shall be subject to examination by the commissioner in accordance with Iowa Code chapter 507, as a “company,” and as if the MEWA is an “insurer,” under the definitions of that chapter. Iowa Code chapter 507 shall govern all aspects of the examination. 77.12(2) The commissioner may make an examination of a MEWA as often as the commissioner considers it necessary, but not less frequently than once every five years. The expenses of the examination shall be assessed against the MEWA being examined in a manner in which expenses of examinations are assessed against a company under Iowa Code chapter 507.

191—77.13(507A,507B) Trade practices. A MEWA is subject to applicable provisions of the unfair trade practices Act, Iowa Code chapter 507B, as if the MEWA is a “person” as defined in Iowa Code section 507B.2(1).

191—77.14(507A) Insolvency. The provisions of Iowa Code chapter 507C shall apply to MEWAs which shall be considered insurers for purposes of that chapter. However, a MEWA shall not be subject to Iowa Code chapter 508C.

191—77.15(507A) Suspension or revocation of certificate of registration. The commissioner may sanction a MEWA or suspend or revoke any certificate of registration issued to a MEWA upon any of the following grounds: 77.15(1) Failure to comply with any provision of these rules or any applicable provision of the Iowa Code. 77.15(2) Failure to comply with any lawful order of the commissioner. 77.15(3) Failure to promptly pay lawful benefit claims. 77.15(4) Committing an unfair or deceptive act or practice. 77.15(5) Deterioration of financial condition adversely affecting the MEWA’s ability to pay claims. 77.15(6) A finding that the application or any necessary forms that have been filed with the commissioner contain fraudulent information or omissions. 77.15(7) A finding that the MEWA or its administrator has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys that belong to an employer member, a participant, or a person otherwise entitled thereto and that have been entrusted to the MEWA or its administrator in its fiduciary capacity. These rules are intended to implement Iowa Code section 507A.4 as amended by 2018 Iowa Acts, Senate File 2349, section 2.ARC 3898CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to outpatient diabetes education programs and providing an opportunity for public comment

The Public Health Department hereby proposes to amend Chapter 9, “Outpatient Diabetes Education Programs,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 135.11(12).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 514C.Purpose and Summary Chapter 9 describes the standards for outpatient diabetes self-management education programs and the procedures that programs must follow to obtain certification by the Iowa Department of Public Health. The certification is required, pursuant to Iowa Code section 514C.18, in order for programs to obtain third-party reimbursement of the costs associated with the required self-management training and education program. The proposed amendments will change the period of time for which a certification is valid from three years to four years and will change the number of staff continuing education hours to align with the addition of one year to the period of certification.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 the Department’s variance and waiver provisions contained in 641—Chapter 178. 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 August 7, 2018. Comments should be directed to: Laurene Hendricks Department of Public Health Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319 Email: laurene.hendricks@idph.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend rule 641—9.2(135), definition of “Physician,” as follows: "Physician" means a person currently licensed to practice medicine and surgery, osteopathic medicine and surgery, or osteopathy under Iowa Code chapterschapter 148 and 150A.

ITEM 2. Amend subrule 9.3(5) as follows: 9.3(5) Assign a program site number and an expiration date and issue a certificate to each program that meets the standards. A certificate shall be valid for threefour years from issuance unless specified otherwise on the certificate or unless sooner revoked.

ITEM 3. Amend rule 641—9.4(135) as follows:

641—9.4(135) Application procedures for American Diabetes Association-recognized and American Association of Diabetes Educators-accredited programs. When a program is recognized by the American Diabetes Association or accredited by the American Association of Diabetes Educators, the program shall apply for certificationby submitting the following to the department by submitting a: 9.4(1) Acopy of the Certificate of Recognition provided by ADA or the Certificate of Accreditation provided by AADE, the. 9.4(2) Thename, address and telephone number for the program, the name. 9.4(3) The namesof the program coordinator and the name of the, program physician, primary and supporting instructors, and advisory committee members. In addition, since the ADA recognition and the AADE accreditation programs do not require the participation of a pharmacist but the Iowa law does, ADA-recognized and AADE-accredited programs shall submit the name(s), license number(s) and continuing education hours of the pharmacist(s) 9.4(4) Copies of current Iowa licenses for all persons named in 9.4(3). 9.4(5) The name and a copy of both the Iowa licenses and continuing education hours of any pharmacistwho serves as program staff. A pharmacist shall be a primary or supporting instructor or advisory committee member and shall meet the education requirements in 9.8(6), 9.8(7) or 9.8(8).

ITEM 4. Amend rule 641—9.5(135) as follows:

641—9.5(135) Renewal procedures for American Diabetes Association-recognized and American Association of Diabetes Educators-accredited programs. Programs shall renew their certification every four years, at least 30 days prior to the expiration date. To apply for renewal of certification, the ADA-recognized program or the AADE-accredited program shall submit athe following to the department: 9.5(1) Acopy of the new ADA Certificate of Recognition or AADE Certificate of Accreditation, the. 9.5(2) Thename, address and telephone number for the program, the name. 9.5(3) The namesof the program coordinator, the name of the program physician, and the name(s), license number(s), and continuing education hours of the pharmacist(s)primary and supporting instructors, and advisory committee members. 9.5(4) Copies of current Iowa licenses for all persons named in 9.5(3). 9.5(5) The name and a copy of both the Iowa licenses and continuing education hours of any pharmacistwho serves as program staff. A pharmacist shall be a primary or supporting instructor or advisory committee member and shall meet the continuing education requirements in 9.9(7).

ITEM 5. Amend paragraph 9.6(2)"a" as follows: a. Name, address and telephone number for the program, program physician and program coordinator.The names of instructional staff and advisory committee members and copies of their current Iowa licenses shall also be included.

ITEM 6. Amend subparagraph 9.6(2)"e" as follows: (8) Reducing risks: includes prevention, detection, and treatment of acute complications and chronic complications;as well as foot, skin and dental care; immunizations; and kidney function.

ITEM 7. Amend subrules 9.8(5) to 9.8(8) as follows: .(5) The names and license or registration numbers of the program physician, program coordinator, and all primary and supporting instructors, and advisory committee members shall be included with the program application, with copies of their current Iowa licenses. .(6) All primary instructors shall show evidence of knowledge about the disease process of diabetes and the treatment and management of people with diabetes by documentation of one or more of the following: a. Within the last threefour years, completion of a minimum of 2432 hours of continuing education in diabetes, diabetes management, or diabetes education; or b. Equivalent training or experience including, but not limited to, endocrinology fellowship training or masters level preparation in diabetes nursing/nutrition. Unsupervised teaching of patients is not an acceptable equivalent. c. Current certification as a certified diabetes educator. .(7) All supporting instructors shall show evidence of knowledge about the disease process of diabetes and the treatment and management of people with diabetes by documentation of completion of a minimum of 1216 hours of continuing education in diabetes, diabetes management, or diabetes education within the last threefour years or have current certification as a certified diabetes educator. .(8) The four professionals required in 9.8(2) to be on the advisory committee shall have completed sixeight hours of continuing education in diabetes within the past threefour years.

ITEM 8. Amend subrule 9.9(1) as follows: 9.9(1) Name, address and telephone number of the program, program physician and program coordinator, with names of instructional staff and advisory committee members and copies of their current Iowa licenses.

ITEM 9. Amend subrule 9.9(7) as follows: 9.9(7) Documentation of continuing education hours accrued since the previous application for current staff and new staff. a. All primary instructors shall complete a minimum of 1824 hours of continuing education in diabetes, diabetes management, or diabetes education within the past threefour years. b. All supporting instructors shall complete a minimum of nine12 hours of continuing education in diabetes, diabetes management, or diabetes education within the past threefour years. c. The four professionals required in 9.8(2) to be on the advisory committee shall complete a minimum of fiveseven hours of continuing education in diabetes within the past threefour years.ARC 3899CPublic Health Department[641]Notice of Intended Action

Proposing rule making related to medical cannabidiol and providing an opportunity for public comment

The Public Health Department hereby proposes to amend Chapter 154, “Medical Cannabidiol Program,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.3(1)“b,” 124E.11(2) and 136.3(9).State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 124E.Purpose and Summary These proposed amendments revise the laboratory testing procedures for medical cannabidiol products to require that the majority of the testing be conducted at the process lot stage, as opposed to the product lot stage. Testing for product potency and microbial contaminants will still be required at the product lot stage. This change will assist in controlling laboratory testing costs for the regulated community and still meet the goal of ensuring that products are free of contaminants. In addition, the amendments also clarify that the detected concentration of cannabinoids may not vary from the labeled concentration by more than 15 percent. The amendments also clarify that discrepancies discovered during inventory reconciliation processes need to be reported to law enforcement only when it is suspected that product or plant material diversion has occurred. This change will ensure that law enforcement resources are utilized most efficiently, that is, only when the reconciliation process reveals possible diversion. Finally, the amendments require that an action plan be initiated when a reconciliation process differs from the inventory recorded in the state’s seed-to-sale tracking system.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 the Department’s variance and waiver provisions contained in 641—Chapter 178. 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 August 7, 2018. Comments should be directed to: Randy Mayer Department of Public Health Lucas State Office Building321 East 12th StreetDes Moines, Iowa 50319 Email: randall.mayer@idph.iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend subrule 154.26(3) as follows: 154.26(3) Sampling and testing. A manufacturer shall: a. Work with the department and laboratory personnel to develop acceptance criteria for all potential contaminants based on the levels of metals, microbes, or other contaminants that the manufacturer uses in cultivating and producing medical cannabidiol; b. Conduct sampling and testing of all medical cannabidiol lots using acceptance criteria that are protective of patient health. At a minimum, testing of lots shall occur after packaging but before transport or sale to a dispensary. The sampling and testing results shall be approved by the department and laboratory personnel and shall ensure that lots of medical cannabidiol meet allowable health risk limits for contaminants;. Testing of lots shall occur as follows: (1) At a minimum, testing of lots for cannabinoid potency and all microbiological impurities except microbiological toxins shall occur after packaging but before transport or sale to a dispensary; (2) At a minimum, testing of lots for residual solvents and processing chemicals, pesticides, metals, and microbiological toxins shall occur at the process lot stage. A packaged product that contains medical cannabidiol solely from process lots that passed laboratory testing for residual solvents and processing chemicals, pesticides, metals, and microbiological toxins does not need to be retested for these analytes provided that solvents and processing chemicals are not used during the processing into the packaged product; (3) Testing of lots for residual solvents and processing chemicals shall also occur after packaging but before transport or sale to a dispensary if solvents or processing chemicals are used in the production process after the testing of the process lot has occurred; c. Refrain from packaging or selling medical cannabidiol from a process lot that fails to meet established standards, specifications, and any other relevant quality control criteria. Medical cannabidiol from a process lot that fails quality assurance testing may be remixed and retested; d. Reject and destroy medical cannabidiol from a lot that fails to meet established standards, specifications, and any other relevant quality control criteria except for potency of CBD and THC. Medical cannabidiol from a lot that fails quality assurance testing based on potency of CBD or THC may be remixed and retestedwhen remixing and retesting are not warranted; e. Develop and follow a written procedure for responding to results failing to meet established standards, specifications, and any other relevant quality control criteria, including: (1) Criteria for when remixing and retesting are warranted; (2) Instructions for destroying contaminated or substandard medical cannabidiol as provided in subrule 154.23(2) when remixing and retesting are not warranted; and (3) Instructions for determining the source of contamination; f. Retain documentation of test results, assessment, and destruction of medical cannabidiol for at least five years.

ITEM 2. Amend subrule 154.27(5) as follows: 154.27(5) Reconciliation. No less often than every two calendar weeks, a manufacturer shall reconcile its physical inventory with theinventory recorded in the department’s secure sales and inventory tracking system. Inconsistencies shall be reported to the department and law enforcement within 72 hours of discovery. Reconciliation shall include: a. Plant material at the manufacturing facility and in transit; andReconciliation shall include: (1) Plant material at the manufacturing facility and in transit; and (2) Medical cannabidiol at the manufacturing facility, at distribution and storage facilities, and in transit. b. Medical cannabidiol at the manufacturing facility, at distribution and storage facilities, and in transit.Discrepancies between the physical inventory of the manufacturer and the inventory recorded in the department’s secure sales and inventory system shall be handled as follows: (1) A manufacturer shall report suspected diversion of plant material or medical cannabidiol to the department and law enforcement within 72 hours of discovery. (2) A manufacturer shall have up to 72 hours to reconcile discrepancies in the manufacturer’s physical inventory with the inventory recorded in the secure sales and inventory tracking system. If the manufacturer cannot reconcile the manufacturer’s physical inventory with the secure sales and inventory tracking system’s inventory within 72 hours but diversion of plant material or medical cannabidiol is not suspected, the manufacturer shall immediately contact the department to report the discrepancy and to initiate a compliance action plan pursuant to paragraph 154.28(4)“b.”

ITEM 3. Amend subrule 154.28(4) as follows: 154.28(4) Compliance required. A manufacturer shall pay for and cooperate in a timely manner with the department’s requirement that it undergo an independent health and sanitary inspection in accordance with this rule.respond to deficiencies found during inspections or inventory reconciliation as follows: a. Deficiencies not related to inventory reconciliation. (1) Upon written notification by the department of deficiencies that do not involve reconciliation of inventory, a manufacturer shall have up to 30 days to submit an action plan to the department with proposed remedies and timelines for completion of the remedies. (2) The department shall have up to two weeks to accept or require revision of the action plan. b. Deficiencies related to inventory reconciliation. (1) Upon notifying the department that the manufacturer cannot reconcile the manufacturer’s physical inventory with the inventory recorded in the department’s secure sales and inventory tracking system, the manufacturer shall have up to two business days to submit an action plan to the department with proposed remedies and timelines for completion of the remedies. (2) The department shall have up to two business days to accept or require revision of the action plan. c. Failure to complete actions in the action plan within the timelines mutually agreed upon by the manufacturer and the department shall result in assessment of penalties or in suspension or revocation of a manufacturer license as authorized by these rules. d. At the department’s request and in a timely manner, a manufacturer shall pay for and undergo an independent health and sanitary inspection in accordance with this rule.

ITEM 4. Amend subrule 154.51(3) as follows: 154.51(3) Reconciliation. At least once a calendar week, a dispensary shall reconcile all medical cannabidiol at the dispensary with theinventory recorded in the department’s secure sales and inventory tracking system. InconsistenciesDiscrepancies shall be reported to the department and law enforcement within 24 hours of discovery.handled as follows: a. A dispensary shall report suspected diversion of medical cannabidiol to the department and law enforcement within 24 hours of discovery. b. A dispensary shall have up to 24 hours to reconcile the dispensary’s physical inventory with the inventory recorded in the secure sales and inventory tracking system. If the dispensary cannot reconcile the dispensary’s physical inventory with the secure sales and inventory tracking system’s inventory within 24 hours but diversion of product is not suspected, the dispensary shall immediately contact the department to report the discrepancy and to initiate a compliance action plan pursuant to paragraph 154.52(4)“b.”

ITEM 5. Amend subrule 154.52(4) as follows: 154.52(4) Compliance required. A dispensary shall pay for and cooperate in a timely manner with the department’s requirement that the dispensary undergo an independent health and sanitary inspection in accordance with this rule.respond to deficiencies found during inspections or inventory reconciliation as follows: a. Deficiencies not related to inventory reconciliation. (1) Upon written notification by the department of deficiencies that do not involve reconciliation of inventory, a dispensary shall have up to 30 days to submit an action plan to the department with proposed remedies and timelines for completion of the remedies. (2) The department shall have up to two weeks to accept or require revision of the action plan. b. Deficiencies related to inventory reconciliation. (1) Upon notifying the department that the dispensary cannot reconcile the dispensary’s physical inventory with the inventory recorded in the department’s secure sales and inventory tracking system, the dispensary shall have up to two business days to submit an action plan to the department with proposed remedies and timelines for completion of the remedies. (2) The department shall have up to two business days to accept or require revision of the action plan. c. Failure to complete actions in the action plan within the timelines mutually agreed upon by the dispensary and the department shall result in assessment of penalties or in suspension or revocation of a dispensary license as authorized by these rules. d. At the department’s request and in a timely manner, a dispensary shall pay for and undergo an independent health and sanitary inspection in accordance with this rule.

ITEM 6. Amend subrule 154.72(1) as follows: 154.72(1) Cannabinoids. a. For each unique lot of medical cannabidiol, and if asked to do so by a requester for other medical cannabis goods, a laboratory shall, at minimum, test for and report measurements for the following cannabinoid analytes: (1) THC; (2) THCA; (3) CBD; (4) CBDA; (5) CBG; and (6) CBN. b. A laboratory shall report that the primary sample passed THC potency testing if the detected concentration of THC does not exceed 3 percent by weight in milligrams per milliliter (mg/ml) for liquids and milligrams per gram (mg/g) for solids and if the detected concentration of THC does not vary from the manufacturer’s labeled concentration by more or less than 15 percent by weight in mg/ml for liquids and mg/g for solids. Thus, a solid product labeled as containing a concentration of THC of 10 mg/g shall have a detected concentration of THC that is no more than 11.50 mg/g and no less than 8.50 mg/g. c. A laboratory shall report that the primary sample failed THC potency testing if the detected concentration of THC exceeds 3 percent by weight in mg/ml for liquids and mg/g for solids or if the detected concentration of THC varies from the labeled concentration of THC by more or less than 15 percent by weight in mg/ml for liquids and mg/g for solids. d. A laboratory shall report that the primary sample passed CBD potency testing if the detected concentration of CBD does not vary from the manufacturer’s labeled concentration by more or less than 15 percent by weight in mg/ml for liquids and mg/g for solids. Thus, a solid product labeled as containing a concentration of CBD of 10 mg/g shall have a detected concentration of CBD that is no more than 11.50 mg/g and no less than 8.50 mg/g. e. A laboratory shall report that the primary sample failed potency testing if the detected concentration of CBD varies from the labeled concentration of CBD by more or less than 15 percent by weight in mg/ml for liquids and mg/g for solids. f. For each cannabinoid analyte test, a laboratory shall issue a certificate of analysis that contains the following: (1) Concentrations of cannabinoid analytes in mg/ml for liquids and mg/g for solids, or other measures approved by the department. (2) Whether the primary sample passed or failed the test in accordance with paragraphs 154.72(1)“b” and 154.72(1)“c.” g. The laboratory may test for and provide test results for additional cannabinoid analytes if asked to do so by a requester.ARC 3886CRevenue Department[701]Notice of Intended Action

Proposing rule making related to sales and use tax for commercial fertilizer and providing an opportunity for public comment

The Revenue Department hereby proposes to amend Chapter 17, “Exempt Sales,” Chapter 18, “Taxable and Exempt Sales Determined by Method of Transaction or Usage,” and Chapter 226, “Agricultural Rules,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.17.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 423.3.Purpose and Summary The Department received a petition for rule making on April 16, 2018, pursuant to Iowa Code section 17A.7 and rule 701—7.29(17A). The petitioner requested a change to rule 701—17.4(422,423) regarding an exemption from sales and use tax for sales of commercial fertilizer. The petition satisfied the requirements set forth in Iowa Code section 17A.7 and rule 701—7.29(17A). Upon review of the rule at issue, the Department agrees that a change to its rules regarding the sale of commercial fertilizer is needed. Rule 701—17.4(422,423) is intended to implement Iowa Code section 422.42(3), which is now repealed. The legislature amended the sales and use tax provisions of the Iowa Code, including section 422.42, in 2003 to conform to the Streamlined Sales and Use Tax Agreement (Streamlined). Subsequently, the Department adopted new rules to reflect the changes brought about by the State’s participation in Streamlined. Included in those new rules is rule 701—226.6(423), Commercial fertilizer and agricultural limestone, which is very similar to rule 701—17.4(422,423). The Department did not rescind or otherwise amend the pre-Streamlined rules at that time. After considering the petitioner’s suggestion to amend rule 701—17.4(422,423), the Department has concluded that rescinding rule 701—17.4(422,423) and amending rule 701—226.6(423) is appropriate to provide accuracy and clarity to the Department’s rules. This rule making also amends subrule 18.5(7) to update a cross reference to rule 701—17.4(422,423).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 rule 701—7.28(17A). Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Tim Reilly Department of Revenue Hoover State Office BuildingP.O. Box 10457Des Moines, Iowa 50306 Phone: 515.725.2294 Email: tim.reilly@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Rescind and reserve rule 701—17.4(422,423).

ITEM 2. Amend subrule 18.57(1) as follows: 18.57(1) Sales of fertilizer, limestone, herbicides, pesticides, insecticides, plant food, and medication for use in disease, weed, insect control, or other health promotion of flowering, ornamental, or vegetable plants to a commercial greenhouse are exempt from tax. For the purposes of this subrule a virus, bacteria, fungus, or insect which is purchased for use in killing insects or other pests is an “insecticide” or “pesticide.” See rules 701—17.4(422,423)701—226.6(423) and 701—17.9(422,423) for more information regarding these exemptions.

ITEM 3. Amend rule 701—226.6(423) as follows:

701—226.6(423) Commercial fertilizer and agricultural limestone. 226.6(1) Commercial fertilizer. Sales of commercial fertilizer andare exempt from sales and use tax. Plant hormones are considered to be commercial fertilizer. 226.6(2) Agricultural limestone. Sales ofagricultural limestone are exempt fromsales and use tax only if the purchaser intends to use the fertilizer or limestone for thedisease control, weed control, insect control, or health promotion of plantsor livestock produced for market as part of agricultural production. See rule 701—211.1(423) for definitions of “agricultural production” and “plants.” Plant hormones are considered to be commercial fertilizer. Sales of commercial fertilizer or agricultural limestone used for other purposes are subject to sales tax. Examples of taxable use include, but are not limited to: commercial fertilizer soldsales of agricultural limestone for application on a lawn, golf course, or cemetery. This rule is intended to implement Iowa Code subsections 423.3(4) and 423.3(5).ARC 3888CRevenue Department[701]Notice of Intended Action

Proposing rule making related to dependent child health care coverage on tax return and providing an opportunity for public comment

The Revenue Department hereby proposes to amend Chapter 38, “Administration,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.14 and 2017 Iowa Acts, House File 625.State or Federal Law Implemented This rule making implements, in whole or in part, 2017 Iowa Acts, House File 625.Purpose and Summary 2017 Iowa Acts, House File 625, repealed Iowa Code section 422.12M, which required taxpayers to indicate whether each of a taxpayer’s dependent children had health care coverage on December 31 of the tax year on the taxpayer’s Iowa individual income tax return. This rule making proposes to rescind and reserve the rule that implemented Iowa Code section 422.12M.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 rule 701—7.28(17A). 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 August 7, 2018. Comments should be directed to: Legal ServicesDepartment of Revenue Hoover State Office BuildingP.O. Box 10457Des Moines, Iowa 50306 Phone: 515.725.2176Email: ben.clough@iowa.govPublic 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:

ITEM 1. Rescind and reserve rule 701—38.19(422).ARC 3896CRevenue Department[701]Notice of Intended Action

Proposing rule making related to water service excise tax and providing an opportunity for public comment

The Revenue Department hereby proposes to adopt new Chapter 97, “State-Imposed Water Service Excise Tax,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code section 421.14.State or Federal Law Implemented This rule making implements, in whole or in part, 2018 Iowa Acts, Senate File 512.Purpose and Summary Item 2 proposes to adopt new Chapter 97 within Title XIII, which establishes rules to administer the water service excise tax passed by the General Assembly in 2018. Specifically, these rules implement sections 10 through 17 of 2018 Iowa Acts, Senate File 512, which exempts certain sales of water from sales tax and enacts Iowa Code chapter 423G, which establishes a water service excise tax.Fiscal Impact This rule making has no fiscal impact beyond the impact estimated by the Legislative Services Agency for 2018 Iowa Acts, Senate File 512. That estimate predicts that in FY 2019, Senate File 512 will have no impact on the General Fund, will reduce Secure an Advanced Vision (SAVE) Program revenues by $3.9 million, and will reduce local option sales tax (LOST) revenues by $3 million. The estimate further predicts that by FY 2030, Senate File 512 will reduce General Fund revenues by $26.1 million, will reduce SAVE revenues by $5.2 million, and will reduce LOST revenues by $4 million. 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 701—7.28(17A). Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Department no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Joe Fraioli Department of Revenue Hoover State Office BuildingP.O. Box 10457Des Moines, Iowa 50306 Phone: 515.725.4057 Email: joe.fraioli@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Adopt the following new Title XIII:TITLE XIIIWATER SERVICE EXCISE TAX

ITEM 2. Adopt the following new 701—Chapter 97: CHAPTER 97STATE-IMPOSED WATER SERVICE EXCISE TAX

701—97.1(87GA,SF512) Definitions. For the purposes of this chapter and 701—Chapters 98 and 99, unless the context otherwise requires: "Bundled water service sales" means a sale consisting of water service and other distinct and identifiable tangible personal property or non-water services for one nonitemized price. "Department" means the department of revenue. "Director" means the director of the department of revenue. "Facilities," for purposes of the water service excise tax imposed by 2018 Iowa Acts, Senate File 512, sections 11 to 17, means any storage tanks, water towers, wells, plants, reservoirs, aqueducts, hydrants, pumps, or any other similar devices, mechanisms, equipment, or amenities designed to hold, treat, sanitize, or deliver water. “Facilities” shall not include interior plumbing. "Other sales" means sales of any other tangible personal property or services, whether taxable or not, other than sales of water service. "Person" means the same as the term is defined in rule 701—211.1(423). "Purchaser" means a person to whom water service is provided for compensation and means the same as the term is defined in rule 701—211.1(423). "Sales price" means the amount of consideration paid for water service and means the same as the term is defined in rule 701—211.1(423). "State-imposed tax" "tax" means the water service excise tax imposed by 2018 Iowa Acts, Senate File 512, section 13. "Tax," unless otherwise indicated, shall refer to the water service excise tax. "Water service" means the delivery of water by piped distribution system, as defined in 2018 Iowa Acts, Senate File 512, section 10. "Water utility" means any person, partnership, business association, or corporation, domestic or foreign, owning or operating any facilities for furnishing water by piped distribution to the public for compensation, as defined in 2018 Iowa Acts, Senate File 512, section 10. “Corporation” as used in this definition includes municipal corporations. See 1968 Iowa Op. Atty. Gen. 1-21, 1968 WL 172465.All other words and phrases used in this chapter and 701—Chapters 98 and 99 and defined in rule 701—211.1(423) have the meaning set forth in that rule for the purposes of these chapters. This rule is intended to implement 2018 Iowa Acts, Senate File 512, sections 12 and 13.

701—97.2(87GA,SF512) Imposition. A state-imposed tax of 6 percent is imposed upon the sales price of water service by a water utility to a purchaser. The tax shall be collected by water utilities. This rule is intended to implement 2018 Iowa Acts, Senate File 512, section 13.

701—97.3(87GA,SF512) Administration. The department is charged with the administration of the tax, subject to the rules, regulations, and direction of the director. The department is required to administer the tax as nearly as possible in conjunction with the administration of the state sales tax except that portion of the law which implements the streamlined sales and use tax agreement. The requirements of 701—Chapter 11 shall apply to water utilities in the same manner that those requirements apply to all sellers and retailers making sales subject to state sales tax. This rule is intended to implement 2018 Iowa Acts, Senate File 512, sections 10, 13, and 15.

701—97.4(87GA,SF512) Charges and fees included in the provision of water service. 97.4(1) Sales integral to the ability to furnish water. The water service excise tax applies to the sale of water by piped distribution to consumers or users, including sales of accompanying services that are integral to furnishing water by piped distribution, even if billed separately. 97.4(2) Examples of sales integral to the provision of water service. Sales of services to customers or users that are considered integral to furnishing water by piped distribution include, but are not limited to, the following: a. Sales of nonitemized tangible personal property included with the sale of water service or an accompanying service that is integral to the provision of water service. See subparagraph 97.4(4)“a”(2). b. The sales price of water sold, whether metered or not. c. Service or account charges and administrative fees for water service, including new customer account charges and minimum charges for access to water service whether the customer uses the water or not. d. Fees for connection, disconnection, or reconnection to or from a water supply. e. Fees for maintenance, inspection, and repairs of the water distribution system, water supplies, and facilities, including fees for labor and nonitemized fees for materials. f. Fees for using or checking water meters, excluding the rental of water meters. g. Tap fees. h. Water distribution system infrastructure and improvement fees. 97.4(3) Examples of sales that are not considered water service or integral to the provision of water service. Sales of services that are not considered integral to furnishing water by piped distribution include, but are not limited to, the following: a. Residential service contracts regulated under Iowa Code chapter 523C. b. Sales or rentals of tangible personal property, other than water, sold for a separately itemized price. See subparagraph 97.4(4)“a”(1). c. Returned check fees. d. Deposits, including check and meter. e. Fees for printed bills, statements, labels, and other documents. f. Fees for late charges and nonpayment penalties. g. Leak detection fees. 97.4(4) Sales generally not subject to water service excise tax. Water utilities may make other sales that may or may not be integral to the sale of water service but which are not subject to water service excise tax because they are separately taxable under Iowa Code section 423.2 as the sale of tangible personal property or non-water services. a. Sales of tangible personal property. Whether the sale of tangible personal property that is integral to water service is subject to the water service excise tax depends on whether it is sold to the consumer or user for a separately itemized price. (1) Itemized tangible personal property. Sales or rentals of tangible personal property by a water utility for a separately itemized price on a water bill are not subject to the water service excise tax but may be subject to sales and use tax. (2) Nonitemized tangible personal property. If the sale of tangible personal property is not itemized and is instead bundled with the sale of water service, including sales of services listed in subrule 97.4(3), then the entire sales price is subject to the water service excise tax. b. Painting of hydrants.Painting of hydrants constitutes painting services under Iowa Code section 423.2(6)“a.” Painting is subject to sales tax and is not subject to water service excise tax. c. Plumbing and pipefitting.Some repairs of a water distribution system may constitute plumbing and pipefitting under Iowa Code section 423.2(6)“a.” Plumbing and pipefitting services are subject to sales tax and are not subject to water service excise tax. 97.4(5) Exemptions. The exemptions from sales tax under Iowa Code section 423.3 also apply to sales subject to water service excise tax. This rule is intended to implement 2018 Iowa Acts, Senate File 512, sections 14 and 15.

701—97.5(87GA,SF512) Itemization of tax required. The water utility shall add the tax to the sales price of the water service, and the tax, when collected, shall be stated as a distinct item, separate and apart from the sales price of any other sales that may have also been made by the purchaser at that time. This rule shall take effect on January 1, 2019. This rule is intended to implement 2018 Iowa Acts, Senate File 512, section 13.

701—97.6(87GA,SF512) Apportionment of bundled water service sales—rebuttable presumption. Where a water utility makes bundled water service sales as defined in rule 701—97.1(87GA,SF512) and does not separately charge and bill the sale of water service as required by rule 701—97.4(87GA,SF512), there is a rebuttable presumption that the cost for the sale of water service subject to the water service excise tax is a pro rata portion of the total bundled water service sales price. Where a water utility makes other sales as defined in rule 701—97.1(87GA,SF512) as well as bundled water service sales at an additional cost in a single transaction, this calculation shall only apply to the additional cost for the bundled water service sale. Campsite Access Electricity Water and Sewage Total CostPackage A $10 $10Package B $10 $10 $20Package C $10 $10 $10 $30If the water utility makes sales of Package C, the department will assume the cost of water service for that sale is $5 (the pro rata cost of water service included in the bundled water service sale).This rule is intended to implement 2018 Iowa Acts, Senate File 512, sections 13 and 15.

701—97.7(87GA,SF512) Date of billing—effective date and repeal date. For purposes of determining whether sales tax or water service excise tax applies to billings which span the effective date of July 1, 2018, and the future repeal date as described in 2018 Iowa Acts, Senate File 512, section 17, the provisions of 701—subrule 14.3(9) shall apply. This rule is intended to implement 2018 Iowa Acts, Senate File 512, section 15.

701—97.8(87GA,SF512) Filing returns; payment of tax; penalty and interest. 97.8(1) Application of 701—Chapter 12. The requirements of 701—Chapter 12 shall apply to water utilities in the same manner that those requirements apply to all sellers and retailers making sales subject to state sales tax. 97.8(2) Frequency of deposit filing based on combined water service excise tax and sales tax. With respect to the tax thresholds used for determining whether a retailer must remit sales tax semimonthly, monthly, quarterly, or annually as described in rule 701—12.13(422), the threshold for determining the frequency with which a water utility must remit the water service excise tax shall be based on the sum of the total amount of sales tax collected and the total amount of water service excise tax collected. This rule is intended to implement 2018 Iowa Acts, Senate File 512, section 15.

701—97.9(87GA,SF512) Permits. 97.9(1) Application of 701—Chapter 13. The requirements of 701—Chapter 13 shall apply to water utilities in the same manner that those requirements apply to all sellers and retailers making sales subject to state sales tax. 97.9(2) Separate water service excise tax permit required. All water utilities must register for a water service excise tax permit, and the water service excise tax shall be remitted under that permit. Water utilities that make water service sales and other sales subject to sales tax shall obtain a water service excise tax permit in addition to their current sales tax permit and shall remit all sales tax under the sales tax permit and all water service excise tax under the water service excise tax permit. This rule is intended to implement 2018 Iowa Acts, Senate File 512, section 15. ARC 3893CRevenue Department[701]Notice of Intended Action

Proposing rule making related to exchange of evidence in contested cases and providing an opportunity for public comment

The Property Assessment Appeal Board hereby proposes to amend Chapter 126, “Property Assessment Appeal Board,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 17A.4, 421.1A(4)“f” and 421.1A(4)“g.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 441.37A.Purpose and Summary This proposed amendment modifies the exchange of evidence in contested cases before the Property Assessment Appeal Board by creating a staggered exchange between the parties.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 Board for a waiver of the discretionary provisions, if any.Public Comment Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by Board no later than 4:30 p.m. on August 7, 2018. Comments should be directed to: Jessica Braunschweig-Norris Property Assessment Appeal BoardHoover State Office BuildingP.O. Box 10486Des Moines, Iowa 50306 Phone: 515.725.0338 Email: Jessica.braunschweig-norris@iowa.govPublic Hearing No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee The Administrative Rules Review Committee, a bipartisan legislative committee which oversees 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:

ITEM 1. Amend rule 701—126.7(421,441) as follows:

701—126.7(421,441) Discovery and evidence. 126.7(1) Discovery procedure. The scope of discovery described in Iowa Rule of Civil Procedure 1.503 shall apply to contested case proceedings. When considering a question of relevancy, the board shall consider the provisions of Iowa Code chapter 441, 701—Chapter 71, and other applicable law. The following discovery procedures available in the Iowa Rules of Civil Procedure are available to the parties in a contested case proceeding: depositions upon oral examination or written questions; written interrogatories; production of documents, electronically stored information, and things; entry upon land for inspection and other purposes; and requests for admission. The time frames for discovery in specific Iowa Rules of Civil Procedure govern those specific procedures, unless lengthened or shortened by the board. a. Iowa Rules of Civil Procedure 1.701 through 1.717 regarding depositions shall apply to any depositions taken in an appeal. Any party taking a deposition in an appeal shall be responsible for any deposition costs. Deposition costs include, but are not limited to, reimbursement for mileage of the deponent, costs of a certified shorthand reporter, and expert witness fees, as applicable. b. Iowa Rule of Civil Procedure 1.509 shall apply to any interrogatories propounded in an appeal. c. Iowa Rule of Civil Procedure 1.512 shall apply to any requests for production of documents, electronically stored information, and things; and entry upon land for inspection and other purposes in an appeal. d. Iowa Rule of Civil Procedure 1.510 shall apply to any requests for admission in an appeal. Iowa Rule of Civil Procedure 1.511 regarding the effect of an admission shall apply in an appeal. e. The mandatory disclosure and discovery conference requirements in Iowa Rules of Civil Procedure 1.500 and 1.507 do not apply to appeals before the board. f. Iowa Rule of Civil Procedure 1.508 shall apply to discovery of any experts identified by a party to an appeal. g. Discovery shall be served on all parties to the appeal, but shall not be filed with the board. Parties shall file a notice with the board when a notice of deposition or a discovery request or response is served on another party. The notice filed with the board shall include the date, the manner of service, and the names and addresses of the persons served. Other discovery materials shall not be filed unless ordered by the presiding officer. 126.7(2) Discovery motions. Prior to filing any motion related to discovery, parties shall make a good-faith effort to resolve discovery disputes without the involvement of the board or presiding officer. Any motion related to discovery shall allege that the moving party has made a good-faith attempt to resolve the discovery issues involved with the opposing party. Opposing parties shall be given the opportunity to respond within 10 days of the filing of the motion unless the time is shortened by order of the board or presiding officer. The board or presiding officer may rule on the basis of the written motion and any response or may have a hearing or other proceedings on the motion. 126.7(3) Evidence. a. Admissibility.The presiding officer shall rule on admissibility of evidence and may take official notice of facts in accordance with all applicable requirements of law. Evidence obtained in discovery may be used in the case proceeding if that evidence would otherwise be admissible in that proceeding. b. Stipulations.Stipulation of facts by the parties is encouraged. The presiding officer may make a decision based on stipulated facts. c. Scope of admissible evidence.Evidence in the proceeding shall be confined to the issues contained in the notice from the board prior to the hearing, unless the parties waive their right to such notice or the presiding officer determines that good cause justifies expansion of the issues. Admissible evidence is that which, in the opinion of the board, is determined to be material, relevant, or necessary for the making of a just decision in accordance with the provisions of Iowa Code section 441.21, 701—Chapter 71, or other applicable law. Upon an objection pursuant to paragraph 126.7(3)“e,” irrelevant, immaterial or unduly repetitious evidence may be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Hearsay evidence is admissible. The rules of privilege apply in all proceedings before the board. d. Exhibits, exhibit and witness lists, and briefs.The party seeking admission of an exhibit must provide an opposing party with an opportunity to examine the exhibit prior to the ruling on its admissibility. CopiesAll exhibits and briefs admitted into evidence shall be appropriately marked and be made part of the record. Unless the time period is extended or shortened by the board or presiding officer or the parties have filed a hearing scheduling and discovery plan under rule 701—126.6(421,441), copies of documents to be used as evidence, exhibit lists, and a list of witnesses intended to be called at hearing shall be served on the opposing party at least 21 calendar days prior to the hearing, unless the time period is extended or shortened by the board or presiding officer or the parties have filed a hearing scheduling and discovery plan under rule 701—126.6(421,441).as follows: (1) By the appellant at least 21 calendar days prior to the hearing. Each exhibit shall be marked with consecutive numbers. (2) By the appellee at least 14 calendar days prior to the hearing. Each exhibit shall be marked with consecutive letters. 1. The local board of review’s Exhibit A shall be the subject property’s property record card after implementation of the final decision of the local board of review, including the cost report. 2. The local board of review’s Exhibit B shall be the final decision of the local board of review. 3. The local board of review’s Exhibit C shall be the appellant’s petition to the local board of review. (3) Rebuttal evidence need not be exchanged or served on the opposing party prior to the hearing. All exhibits and briefs admitted into evidence shall be appropriately marked and be made part of the record. The appellant shall mark each exhibit with consecutive numbers. The appellee shall mark each exhibit with consecutive lettersmay be offered at hearing. (1) The local board of review’s Exhibit A shall be the subject property’s property record card after implementation of the final decision of the board of review, including the cost report. (2) The local board of review’s Exhibit B shall be the final decision of the local board of review. (3) The local board of review’s Exhibit C shall be the appellant’s petition to the local board of review. e. Objections.Any party may object to specific evidence or may request limits on the scope of examination or cross-examination. Such an objection shall be accompanied by a brief statement of the grounds upon which the objection is based. The objection, the ruling on the objection, and the reasons for the ruling shall be noted in the record. The presiding officer may rule on the objection at the time it is made or may reserve a ruling until the written decision. f. Offers of proof.Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record. The party making the offer of proof for excluded oral testimony shall briefly summarize the testimony or, with permission of the presiding officer, present the testimony. If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record. g. Judicial notice of property record cards.Without additional notice, the board may take judicial notice of the property record card or cost report of the subject property if electronically available to the public through the assessor’s Web site. At its discretion, the board may take judicial notice of property record cards or cost reports of comparable properties identified by the parties as provided under Iowa Code section 17A.14(4) if electronically available to the public through the assessor’s Web site. If the board takes judicial notice of any property record card or cost report, such card or report shall become part of the board’s official agency record for the appeal. 126.7(4) Subpoenas. a. Issuance. (1) Pursuant to Iowa Code section 17A.13(1), a subpoena shall be issued to a party on request, unless otherwise excluded pursuant to this subrule. The request shall be in writing and include the name, address, and telephone number of the requesting party. In absence of good cause for permitting later action, a request for subpoena must be received at least 14 days before the scheduled hearing. (2) Except to the extent otherwise provided by law, parties are responsible for service of their own subpoenas and payment of witness fees and mileage expenses. (3) The board shall refuse to issue a subpoena when there is reasonable ground to believe the subpoena is requested for the purpose of harassment; may seek irrelevant information as provided under Iowa Code section 441.21, 701—Chapter 71, or other applicable law; or is untimely. If the board refuses to issue a subpoena, the board shall provide a written statement of the ground for refusal. A party to whom a refusal is issued may obtain a prompt hearing before the board regarding the refusal by filing with the board and serving on all parties a written request for hearing. b. Motion to quash or modify.Upon motion, the board or presiding officer may quash or modify a subpoena for any lawful reason in accordance with the Iowa Rules of Civil Procedure or pursuant to this subrule.ARC 3890CTransportation Department[761]Notice of Intended Action

Proposing rule making related to vehicle registration and certificate of title and providing an opportunity for public comment

The Department of Transportation hereby proposes to amend Chapter 400, “Vehicle Registration and Certificate of Title,” and Chapter 405, “Salvage,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12, 321.20 and 326.33.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 326 and sections 17A.3, 321.1(75), 321.13, 321.20, 321.31, 321.46A, 321.52, 321.126 and 423.26.Purpose and Summary The proposed amendments form a comprehensive update of the Department’s rules affecting or involving vehicle registration and certificate of title to better implement and align with existing legal authority and Department practice and to eliminate outdated or irrelevant requirements or options. The term “proportional” is replaced with “apportioned” throughout Chapter 400 to conform to the language used within Iowa Code chapters 321 and 326 to describe registration fees under the International Registration Plan. The electronic registration and titling (ERT) process is updated to remove the need for dealers to obtain a notarized power of attorney and instead to require the vehicle purchaser to provide the dealer with written authorization for each ERT transaction. The proposed amendments also reduce the record retention period for original documents from three years to six months. Requiring written authorization from the vehicle purchaser rather than a power of attorney and reducing the record retention period from three years to six months ensure the integrity of the ERT process without putting an undue burden on the participants in that process. An Iowa Code change regarding salvage certificate registration fees for a motor vehicle that is expected to be transferred to an insurer as a result of a settlement with the owner(s) is incorporated into the rules. The amendments clarify that, as provided under Iowa Code section 321.52(4) as amended by 2017 Iowa Acts, chapter 31, section 2, an insurer obtaining a salvage certificate of title is not required to submit the last-issued certificate of title when applying for an Iowa certificate of title and that the title shall be issued free and clear of all liens and claims of ownership, including any outstanding registration fees or registration penalties. The process for when a vehicle owner’s legal name has changed is clarified to provide that the vehicle owner is not required to obtain a corrected title with the owner’s new name but must obtain a replacement registration card that reflects the owner’s new name. Iowa Code section 321.20(1) requires both the title and the registration to reflect the owner’s correct legal name at initial application, but the Iowa Code does not require the title to be reissued if the owner’s name is subsequently changed. Rather, the Iowa Code requires the Department to properly maintain the record of ownership and to change the record as necessary to keep it accurate. Iowa Code section 321.31(1) requires the Department to maintain a record system that includes the name of the owner, to update information required to be kept in the record system within 48 hours of receipt of the information, and to include a record of the certificate of title that includes any information deemed necessary and makes the Department record system the permanent record of ownership for the vehicle. Iowa Code section 321.31 provides that the record system shall constitute the permanent record of ownership of each vehicle titled under the laws of this state, and this, in essence, makes the Department the abstractor of the vehicle record. If a person changes the person’s name, the person is required to report the name change to the Department, and the Department will change the person’s record to reflect the name change. Ultimately, the Department’s record, with the person’s new name, becomes the record of ownership without a change of title, and the person’s registration receipt for the vehicle is updated to match the Department’s record. The proposed amendments also eliminate outdated requirements to utilize paper forms when authorizing a record change and when submitting paper vehicle identification number forms for purposes of issuing a corrected title and eliminate the requirement for the county treasurer to notify the Department by regular mail or email of a title conversion and cancellation for a manufactured or mobile home converted to or from real property.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 August 7, 2018. Comments should be directed to:Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy800 Lincoln WayAmes, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing A public hearing to hear requested oral presentations will be held as follows: August 9, 2018Department of Transportation10 a.m.Motor 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. Any persons who intend to attend the public 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. The public hearing will be canceled without further notice if no oral presentation is requested.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:

ITEM 1. Amend rule 761—400.1(321), definition of “Manufacturer’s certificate of origin,” as follows: "Manufacturer’s certificate of origin" means a certification signed by the manufacturer, distributor or importer that the vehicle described has been transferred to the person or dealer named and that the transfer is the first transfer of the vehicle in ordinary trade and commerce.

The terms “manufacturer’s statement,” “importer’s statement or certificate,” “MSO” and “MCO” shall be synonymous with the term “manufacturer’s certificate of origin.”
In addition to the requirements of Iowa Code subsection 321.45(1), the certificate shall contain a description of the vehicle which includes the make, model, style and vehicle identification number. The description of a motorized bicycle shall also specify the maximum speed.
For 1992 and subsequent model year vehicles, the form used for manufacturers’ certificates of origin shall be the universal form adopted in 1990 by the American Association of Motor Vehicle Administrators (AAMVA). This requirement does not apply to trailer-type vehicles. A copy of this universal form is on file inmay be obtained from the office of vehicleand motor carrier services at the address in subrule 400.6(1).

ITEM 2. Amend subrule 400.3(13) as follows: 400.3(13) Credits. See rule 761—400.60(321) for:Credit for unexpired registration fee.Credit for transfer to spouse, parent or child.Credit from/to proportionalapportioned registration.Assignment of credit and registration plates from lessor to lessee.

ITEM 3. Amend subrule 400.3(14) as follows: 400.3(14) Leased vehicle. As required by Iowa Code section 423.7A423.26, the lessor shall list the lease price of the vehicle on the application form.

ITEM 4. Amend paragraph 400.3(16)"j" as follows: j. An application submitted electronically must meet all legal requirements for the transaction in question, and no requirement shall be excused or waived as a result of submitting the transaction electronically. However, wherever a signature is required, the signature may be an electronic signature, as determined by the department and according to methods approved by the department. Wherever an electronic solution approved by the department requires the submission of scanned documents, the scanned documents shall be of a quality and resolution determined by the department, which shall at a minimum meet any applicable state or federal standard or requirement, and shall completely capture and represent the original document. The department and any county treasurer processing an application retain the right under Iowa Code section 321.13 to determine the genuineness, regularity, and legality of the application and any scanned document submitted as part of the application and may withhold approval of the application and require presentation of the original document whenever the scanned document is of insufficient quality, content, or appearance to determine the same. An end user that submits a scan of an original document as part of an electronic application shall retain the original document for a period of three yearssix months. An end user shall make all such original documents available for inspection by the department at the department’s request. An end user that is a business entity shall retain the documents at the end user’s principal place of business in Iowa. Anything in this paragraph notwithstanding, lessors required to retain a damage disclosure statement under Iowa Code section 321.69(4), and authorized vehicle recyclers licensed under Iowa Code chapter 321H and motor vehicle dealers licensed under Iowa Code chapter 322 required to retain damage disclosure statements under Iowa Code section 321.69(6) shall retain the original document for a period of five years from the date of the statement, as required therein.

ITEM 5. Amend paragraph 400.3(16)"k" as follows: k. An end user that is a motor vehicle dealer licensed by the department under Iowa Code chapter 322 or 322C and that electronically submits an application on behalf of the person to whom the dealer is transferring the vehicle shall disclose to the person that the application will be submitted electronically and shall obtain the person’s power of attorneywritten authorization to submit the application on the person’s behalf. The power of attorneywritten authorization shall be retained at the motor vehicle dealer’s principal place of business for a period of three yearssix months from the date of application and shall be available for inspection by the department at the department’s request. The motor vehicle dealer shall also review with and disclose to the person all details of the application, before submitting the application, and shall provide a complete, true, and accurate copy of the application to the person immediately after submitting the application. The power of attorneywritten authorization shall be submitted electronically as a scanned document with the electronic application.

ITEM 6. Amend paragraph 400.3(16)"l" as follows: l. An authorized ERT service provider shall retain all data, information, records, and electronic records associated with an electronic application or transaction submitted or transacted through the ERT service provider for a period of at least three yearssix months, or longer as required by applicable state or federal law or regulation, and shall make all such data, information, and records available to the department at the department’s request. This includes but is not limited to the identity of the end user that initiated the electronic application or transaction. Identity information for end users shall be maintained at the entity and individual level, meaning that the ERT service provider must implement and maintain secure profile management that is capable of authenticating and verifying the identity of any entity that initiated the application or transaction and the individual officer, employee, or agent within the entity that was authorized by the entity to initiate the application or transaction.

ITEM 7. Amend rule 761—400.3(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.1, 321.8, 321.20, 321.23 to 321.26, 321.31, 321.34, 321.46, 321.105A, 321.109, 321.122,and322.19Aand 423.26.

ITEM 8. Amend subrule 400.4(2) as follows: 400.4(2) Used vehicle registered or titled in this state. The last issued certificate of title, properly assigned to the applicant, shall be submitted, unless the applicant is an insurer applying for a salvage certificate of title under Iowa Code section 321.52(4). An uncanceled security interest noted on the face of the certificate of title shall be noted on the face of the certificate of title issued to the applicant, in addition to any security interest acknowledged by the applicant. If the vehicle is not subject to titling provisions, the last issued registration receipt or bill of sale, properly assigned to the applicant, shall be submitted.

ITEM 9. Amend subrule 400.4(3), introductory paragraph, as follows: 400.4(3) Used vehicle from a foreign jurisdiction. If the vehicle was subject to the issuance of a certificate of title in the foreign jurisdiction, the certificate of title issued by the foreign jurisdiction to the applicant or properly assigned to the applicant shall be submitted, unless the applicant is an insurer applying for a salvage certificate of title under Iowa Code section 321.52(4).

ITEM 10. Amend subrule 400.4(4) as follows: 400.4(4) Used vehicle acquired by a resident of this state from a government agency. If the vehicle was acquired from an agency of the federal government, the applicant shall surrender the government bill of sale,General Services Administration Form 97 or 97A,or Internal Revenue Service Form 2435, properly assigned to the applicant. If the vehicle was acquired from the state of Iowa or a subdivision of government, the applicant shall surrender the Iowa certificate of title issued in the name of the agency, properly assigned to the applicant.

ITEM 11. Amend rule 761—400.5(321) as follows:

761—400.5(321) Where to apply for registration or certificate of title. 400.5(1) Except as otherwise provided, application for the registration of a vehicle or a certificate of title for a vehicle, or transfers thereof, shall be made to the county treasurer as described in Iowa Code chapter 321. When none of the primary users of a non-resident-owned vehicle are located in Iowa, the vehicle may be registered by the county treasurer of any county. 400.5(2) Application shall be made to the department’s office of vehicleand motor carrier services for the following: a. Titling and registration of vehicles owned by the government. This requirement does not apply to manufactured or mobile homes subject to a public bidder sale as explained in Iowa Code subsection 321.46(2). b. Registration of vehicles leased by the government for a period of 60 days or more. c. Registration of urban and regional transit system buses. d. Registration of fire trucks not owned and operated for a pecuniary profit. e. Registration of certain authorized emergency vehicles owned and operated by nonprofit organizations. f. Registration of private school buses. g. Registration of vehicles under the provisions of Iowa Code subsection 321.23(4), relating to restricted-use vehicles. 400.5(3) Application for a certificate of title for a vehicle subject to proportionalapportioned registration under Iowa Code chapter 326 may be made to either the county treasurer or to the department’s office ofvehicle and motor carrier services. The office of motor carrier services may be contacted at the addresses listed in subrule 400.6(2) or by telephone at (515)237-3264. 400.5(4) Application for proportionalapportioned registration shall be made to the department’s office ofvehicle and motor carrier services. See 761—Chapter 500. This rule is intended to implement Iowa Code sections 321.18 to 321.23, 321.46(2), and 321.170.

ITEM 12. Amend rule 761—400.6(17A) as follows:

761—400.6(17A) Addresses, information and forms. Assistance under this chapter is available as follows: 400.6(1) Information and forms for vehicle registration, certificate of title, or other procedures covered under Iowa Code sections 321.18 to 321.173 may be obtained from the county treasurer orby mail from:theOffice of Vehicleand Motor Carrier Services, Iowa Department of Transportation, P.O. Box 9278, Des Moines, Iowa 50306-9278; in person at Iowa Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa 50021; by telephone at (515)237-3264; or on the department’s website at www.iowadot.gov. 400.6(2) Office of Motor Carrier Services, Iowa Department of Transportation, P.O. Box 10382, Des Moines, Iowa 50306-0382.Information for investigations under this chapter may be obtained from the Bureau of Investigation and Identity Protection, Iowa Department of Transportation, 6310 SE Convenience Blvd., Ankeny, Iowa 50021; by telephone at (515)237-3050; or on the department’s website at www.iowadot.gov. 400.6(3) The Internet at the following address: http://www.iowadot.gov/mvd. This rule is intended to implement Iowa Code section 17A.3.

ITEM 13. Amend subrule 400.7(11) as follows: 400.7(11) Full legal name of owner. a. When the name of an owner changes from that which is printed on the title or registration issued to the owner, the owner shall submit to the county treasurer on a form prescribed by the department an application for a certificate of title or registration for a vehicle. The application must be accompanied by one of the following documents: (1) Court order for a name change. The court order must contain the full name, date of birth, and court seal. (2) Divorce decree. (3) Marriage certificate. b. Paragraph “a” of thisThis subrule does not apply to owners that are firms, associations, corporations, or trusts. c. When the name of an owner changes from that which is printed on the registration card, the owner shall apply for a replacement registration card.

ITEM 14. Amend subrule 400.13(1) as follows: 400.13(1) Procedures. This subrule describes the procedures to be followed to obtain a “bonded” certificate of title. The procedures described are in addition to the regular procedures for titling and registering a vehicle. a. The applicant shall submit a bond application to the office of vehicleand motor carrier services on a form prescribed by the department. The application shall be accompanied by evidence of ownership of the vehicle. b. The department shall search the state files to determine if there is an owner of record for the vehicle and if the vehicle has been reported stolen or embezzled. (1) If a record is found, the applicant shall complete a request for release of personal information form explaining that the applicant is the current owner and is requesting a duplicate title. The department shall mail the release by first-class mail to the owner of record, at the owner’s last-known address. (2) If the department receives no response from the owner of record within ten days after the date of mailing or the owner of record does not want the owner’s personal information released, the department will continue processing the bond application. c. If the department determines that the applicant has complied with this rule, that there is sufficient evidence to indicate that the applicant is the rightful owner, and that there is no known unsatisfied security interest, the department shall determine the current value of the vehicle and notify the applicant to deposit cash or file a surety bond with the department in an amount equal to one and one-half times the current value of the vehicle. d. After the cash deposit or surety bond has been deposited, a motor vehicle investigator of the department may examine the vehicle to verify the information submitted on the application is correct. The owner of the vehicle may drive or tow the vehicle to and from the examination location byafter completing an affidavit to drive on a form provided by the department. The form shall state that the vehicle is reasonably safe for operation, andthe form must be signed by the owner. After verifying the information, the investigator shall give to the applicant a document authorizingauthorize the county treasurer to issue a title for and register the vehicle. Should the vehicle not meet the equipment requirements of Iowa Code chapter 321, the investigator shall authorize the county treasurer to issue a title and registration but instruct the county treasurer to immediately suspend the registration until such time as the vehicle meets these equipment requirements. If applicable, the investigator shall also affix an assignedvehicle identification number to the vehicle and give to the applicant an assigned vehicle identification number (VIN) form. e. The applicant shall then submit the authorization document and, if applicable, the VIN form to the county treasurer and make application for a certificate of title and registration.

ITEM 15. Amend paragraph 400.16(2)"c" as follows: c. If the investigator determines that the vehicle complies with 761—Chapter 450, that the integral parts and components have been identified as to ownership, and that the application has been completed properly: (1) The investigator shall approve the application, affix to the vehicle an assigned vehicle identification number, and return the application and ownership documents to the applicant. The investigator shall also give to the applicant an assigned vehicle identification number (VIN) form that the applicant shall submit with the application to the county treasurerauthorize the county treasurer to issue a title and registration for the vehicle. (2) If the vehicle is a passenger-type motor vehicle, the department shall determine its weight and value. The vehicle weight shall be fixed at the next even 100 pounds above the actual weight of the vehicle fully equipped, as provided in Iowa Code section 321.162. The weight and value shall constitute the basis for determining the annual registration fee under Iowa Code section 321.109, except as provided in Iowa Code section 321.113. (3) The applicant shall then submit the approved application, ownership document for the vehicle, and VIN form to the county treasurer and continue with the regular title and registration process.

ITEM 16. Amend rule 761—400.28(321), implementation sentence, as follows: This rule is intended to implement Iowa Code subsection 321.1(76)sections 321.1(75) and section321.121.

ITEM 17. Amend rule 761—400.39(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.23,321.111 and321.124and 321.111.

ITEM 18. Amend subrule 400.40(1) as follows: 400.40(1) Conversion to real property. When a manufactured or mobile home is converted to real property under Iowa Code section 435.26, the assessor shall collect its vehicle certificate of title. The assessor shall note the conversion on the face of the certificate of title above the assessor’s signature, date the notation and deliver the title to the county treasurer. The county treasurer shall note the conversion on the vehicle record in the county treasurer’s office, cancel the record, keep the certificate of title and notify the department of the cancellation. The department shall cancel its record for that manufactured or mobile homeand then cancel and retain the certificate of title.

ITEM 19. Amend subrule 400.43(2) as follows: 400.43(2) The owner of a motor vehicle which is placed in storage when the owner enters the military service of the United States shall comply with Iowa Code subsection 321.126(3)section 321.126, and subrule 400.43(1) does not apply.

ITEM 20. Amend rule 761—400.45(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 252J.1, 252J.8, 252J.9, 261.126,321.101, 321.101A and321.127, 321.101 and 321.101A.

ITEM 21. Amend rule 761—400.47(321), implementation sentence, as follows: This rule is intended to implement Iowa Code section 321.466, subsections (5) and (6)sections 321.466(4) and 321.466(5).

ITEM 22. Amend rule 761—400.50(321,326) as follows:

761—400.50(321,326) Refund of registration fees. 400.50(1) Vehicles registered by county treasurer. a. The department shall refund fees for vehicles registered by the county treasurer pursuant to Iowa Code section 321.126. b. A claim for refund shall be made on a form prescribed by the department. Except as provided in Iowa Code section 321.126, the claim may be submitted to the county treasurer’s office in any county. c. Registration plates shall be submitted with the claim if the vehicle is placed in storage or registered for proportionalapportioned registration, if the owner of the vehicle moves out of state, or if the plates have not been assigned to a replacement vehicle. If one or both plates have been lost or stolen, the claimant shall certify this fact in writing. d. For a vehicle that was junked, the date on the junking certificate shall determine the date the vehicle was junked. e. If the claim for refund is for excess credit or no replacement vehicle: (1) The county treasurer shall enter into the state motor vehicle computer system the information required to process the refund. The information shall be entered within three days of receipt of the claim for refund. (2) The claim for refund shall be approved or denied by the office of vehicleand motor carrier services. f. All other claims for refund shall be forwarded to the office of vehicleand motor carrier services for processing. 400.50(2) Vehicles registered by department. Forms and instructions for claiming a refund on apportioned registration fees under Iowa Code section 326.15 may be obtained from the office ofvehicle and motor carrier services at the address in subrule 400.6(2)400.6(1). The claim for refund shall be filed at the same address. 400.50(3) Disapproved claim. Rescinded IAB 11/23/05, effective 12/28/05. This rule is intended to implement Iowa Code sections 25.1, 321.126 to 321.128 and 326.15.

ITEM 23. Amend subrules 400.51(2) and 400.51(3) as follows: 400 400.51 51(2) Procedures. a. Request.Whenever an assigned identification number is required under subrule 400.51(1) and the request does not apply to a specially constructed, reconstructed, street rod or replica motor vehicle, the owner of the vehicle, component part, fence-line feeder, grain cart or tank wagon, or the person holding lawful custody, shall contact the department’s office of motor vehicle enforcementbureau of investigation and identity protection at the address in subrule 400.6(2) and request the assignment of a number. b. Examination.A motor vehicle investigator shall contact the owner and schedule a time and place for examination of the vehicle, component part, fence-line feeder, grain cart or tank wagon and ownership documents. The owner of the vehicle may drive or tow the vehicle to and from the examination location by completing the affidavit to drive section on the certification of compliance form. The affidavit shall state that the vehicle is reasonably safe for operation and must be signed by the owner.If the vehicle has had a cab, body, or frame change, the owner shall have, for evidence of ownership for the replacement cab, body, or frame, a bill of sale with a description of the part, complete with the manufacturer’s identification number, if any, and the name, address, and telephone number of the seller. The bill of sale, the vehicle, and the cab, body, or frame that has been replaced shall be made available for examination at the time and place scheduled. c. Assigned vehicle identification number. (1) The investigator upon approval of the request shall affix to the vehicle an assigned vehicle identification number and give to the owner an assigned vehicle identification number (VIN) formauthorize the county treasurer to issue a title and registration for the vehicle. (2) The owner shall submit the VIN form, the certificate of title, and the registration receipt issued for the vehicle to the county treasurer. If the certificate of title is in the possession of a secured party, the county treasurer shall notify the secured party to return the certificate of title to the county treasurer for the purpose of issuing a corrected title. Upon receipt of the notification, the secured party shall submit the certificate of title within ten days. The county treasurer, upon receipt of the certificate of title,and the registration receipt and the VIN form, shall issue a corrected title and registration receipt listing as the vehicle identification number the assigned vehicle identification number. d. Assigned component part number.The investigator upon approval of the request shall affix to the component part an assigned component part number and give to the owner a component part form. The owner shall retain the form as a record of issuance and attachment. The form shall be made available on demand by any peace officer for examination. e. Assigned product identification number.The investigator upon approval of the request shall affix an assigned product identification number to the fence-line feeder, grain cart or tank wagon and give to the owner an assigned product identification number form. The owner shall retain the form as a record of issuance and attachment. The form shall be made available on demand by any peace officer for examination. 400 400.51 51(3) Fees. A certificate of title fee and a fee for a notation of a security interest, if applicable, shall be collected by the county treasurer upon issuance of a corrected certificate of title.A corrected certificate of title shall not be required for a name change.

ITEM 24. Amend rule 761—400.53(321), implementation sentence, as follows: This rule is intended to implement Iowa Code sections 321.34, 321.40, 321.41, 321.121as amended by 2011 Iowa Acts, Senate File 312, section 3, and 321.166.

ITEM 25. Amend rule 761—400.56(321) as follows:

761—400.56(321) Hearings. The department shall send notice by certified mail to a person whose certificate of title, vehicle registration, license, or permit is to be revoked, suspended, canceled, or denied. The notice shall be mailed to the person’s mailing address as shown on departmental records and shall become effective 20 days from the date mailed. A person who is aggrieved by a decision of the department and who is entitled to a hearing may contest the decision in accordance with 761—Chapter 13. The request shall be submitted in writing to the director of the office of vehicleand motor carrier services at the address in subrule 400.6(1). The request for a contested case shall be deemed timely submitted if it is delivered or postmarked on or before the effective date specified in the notice of revocation, suspension, cancellation, or denial. This rule is intended to implement Iowa Code sections 17A.10 to 17A.19, 321.101 and 321.102.

ITEM 26. Amend subrule 400.60(3) as follows: 400.60(3) Credit from/to proportionalapportioned registration. a. Pursuant to Iowa Code section 321.46A, an owner may claim credit toward the registration fees due when changing a vehicle’s registration from proportionalapportioned registration under Iowa Code chapter 326 to registration under Iowa Code chapter 321. The owner shall surrender proof of proportionalapportioned registration to the county treasurer. Credit shall be allowed for the unexpired complete calendar months remaining in the registration year from the date the application is filed with the county treasurer. b. Pursuant to Iowa Code sections 321.126 and 321.127, the owner or lessee of a motor vehicle may claim credit for the proportionalapportioned registration fees due when changing the vehicle’s registration from registration by the county treasurer to proportionalapportioned registration. Application for proportionalapportioned registration shall be submitted to the department’s office ofvehicle and motor carrier services; see 761—Chapter 500.

ITEM 27. Adopt the following new paragraph 405.3(4)"c": c. Notwithstanding any provision of this chapter to the contrary, an Iowa salvage title obtained by an insurer pursuant to the provisions under Iowa Code section 321.52(4) shall be issued free and clear of all liens and claims of ownership, including any outstanding registration fees or registration penalties. ARC 3889CTransportation Department[761]Notice of Intended Action

Proposing rule making related to the statewide sobriety and drug monitoring program and operating while intoxicated revocations and providing an opportunity for public comment

The Department of Transportation hereby proposes to amend Chapter 620, “OWI and Implied Consent,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is proposed under the authority provided in Iowa Code sections 307.12 and 321J.20.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 901D and sections 321.201 and 321J.20.Purpose and Summary The Department is proposing to update Chapter 620 to incorporate requirements for a new statewide sobriety and drug monitoring program (24/7 program) established by 2017 Iowa Acts, chapter 76. Because of this legislation, the Department is amending its rules to align with the legislation in anticipation of the implementation of the program in 2018. The Department of Public Safety (DPS) is charged with creating the 24/7 program in Iowa under Iowa Code chapter 901D as enacted by 2017 Iowa Acts, chapter 76. The program requires participants to complete daily alcohol or drug testing in participating jurisdictions according to rules governed by DPS. The Department is also required to adhere to the program requirements as they relate to the issuance of temporary restricted licenses (TRLs) and regular licenses to an OWI offender who committed an eligible OWI offense in a participating jurisdiction. Eligible OWI offenses are defined in Iowa Code section 901D.2(4) and include a first offense OWI in which the person’s blood alcohol content exceeds .15, a first offense OWI in connection with an accident, a first offense OWI test refusal or any second or subsequent OWI offense. Participating jurisdictions must be approved by DPS and may be counties or other governmental entities that choose to participate in the program. There are not currently any participating jurisdictions as DPS is still finalizing an agreement for the development of web-based software to support this program; however, Woodbury County has indicated an interest in participating in a pilot of the 24/7 program in 2018. As specifically related to the Department, the legislation amended Iowa Code section 321J.20 to allow a TRL to be issued for the purpose of traveling to and from a person’s home to a 24/7 testing location. Also, Iowa Code section 321J.20(10) was newly created and requires a person to be a participant in and in compliance with the 24/7 program if the person committed an eligible offense in a participating jurisdiction, unless participation has been excused by court order, whenever the Department requires the installation of an ignition interlock device (IID) as a condition of the person’s driver’s license or driving privilege. The person must remain in compliance with the program for as long as the person is required to have the IID, unless otherwise provided by Iowa Code chapter 901D or section 321J.20. The proposed amendments:

Amend the rule related to issuance of a TRL as follows: ○ Provide that a TRL issued for any purpose may include permission for the licensee to participate in the 24/7 program if required under the law and provide that the licensee must notify the Department which jurisdiction the licensee is reporting to in compliance with the program. ○ Eliminate an outdated requirement for a person to appear before a driver’s license examiner to be issued a TRL. This change aligns with Department practice of allowing any properly trained driver’s license issuance employee, rather than a specific classification of employee, to assist the person. ○ Strike subrule 620.3(6), which encompasses requirements for TRLs issued to repeat offenders, because the subrule is no longer necessary. The subrule was initially adopted in 2009 to comply with federal law related to consequences for repeat OWI offenders who previously were not allowed to obtain a TRL except strictly for work purposes in the first year of the revocation period. In the intervening years, the federal requirements regarding repeat OWI offenders and TRL restrictions were changed, and this subrule no longer reflects the requirements in federal law nor the Department’s current practice. Therefore, the subrule is being removed to avoid the implication that a repeat offender cannot use a TRL to participate in a 24/7 program, which is clearly anticipated as a permissible use of a TRL under 23 U.S.C. §164(5)(A)(iii).

Amend the rule related to reinstatement of a person’s driver’s license after a revocation has ended as follows: ○ Eliminate an outdated requirement for a person to appear before a driver’s license examiner to reinstate the person’s driver’s license. This change aligns with Department practice of allowing any properly trained driver’s license issuance employee, rather than a specific classification of employee, to assist the person. ○ Strike an outdated requirement for a person to provide proof of deinstallation of an IID to reinstate the person’s driver’s license, unless the IID is still required under Iowa Code section 321J.17(3). The Department’s existing practice does not require the person to provide proof of deinstallation of the IID as that requirement was previously removed from Iowa Code section 321J.20. There is no valid safety reason to require proof of deinstallation of an IID, and a person may choose to continue to drive with an IID installed. ○ Provide that a person’s participation in and compliance with the 24/7 program may be a condition of license reinstatement in accordance with Iowa Code section 321J.20(10), which requires the Department to ensure a person who is required to install an IID as a condition of the person’s license or driving privilege to also be a participant in and in compliance with the 24/7 program if the person committed an eligible offense in a participating jurisdiction, unless participation has been excused by court order.

Amend the rules related to substance abuse evaluation and treatment and the drinking drivers course to reflect the current practice of providers reporting completion to the Department electronically rather than with a paper form. The amendments also clarify that providers of the drinking drivers course are those listed under Iowa Code section 321J.22(2)“a,” since community colleges are not the only permitted providers of the drinking drivers course.

Add a new rule to incorporate the Department’s responsibilities relating to the 24/7 program as follows: ○ Outline when participation in the 24/7 program will be a condition of a person’s license. The person must have committed an eligible offense as defined in Iowa Code section 901D.2(4) in a participating jurisdiction. An eligible first offense means the person has no previous revocation under Iowa Code chapter 321J, and an eligible second or subsequent offense means the person has had a previous revocation under Iowa Code chapter 321J. Participation will not be required if the person obtains a court order excusing the person’s participation in the program. In conformance with Iowa Code chapter 901D, the person must also otherwise be eligible for a TRL or a license in order to be required to participate in the 24/7 program, meaning the person must comply with the prerequisites for obtaining a TRL or a license, such as paying outstanding civil penalties, filing SR-22 insurance, passing any required examination and otherwise being physically and mentally capable of operating a motor vehicle safely. The person must also not be under another sanction that would prevent the person from being able to obtain a TRL or license. ○ Explain that the duration of participation in the 24/7 program, unless otherwise provided in Iowa Code chapter 901D or Iowa Code section 321J.20, will last as long as the person with an eligible offense in a participating jurisdiction is required to install and maintain an IID in the person’s vehicle. This requirement is consistent with the requirement in Iowa Code section 321J.20(10). ○ Clarify that if the Department receives a court order excusing the person’s participation in the 24/7 program, the Department will not require participation as a condition of the TRL or license. ○ Provide that if the Department receives notification that a participant in the 24/7 program never completed enrollment in the program with the participating jurisdiction, the Department will cancel the license because the person is not entitled to the license if the person does not comply with a condition of the license. Iowa Code section 321.201 authorizes the Department to cancel the license when the Department determines the person was not entitled to issuance of the license. ○ Outline what will happen if the Department receives notification of the person’s noncompliance with the 24/7 program. Upon receipt of notification of noncompliance pursuant to Iowa Code section 901D.9, the Department will revoke the person’s license following existing notice and hearing provisions associated with revoking a person’s license. This aligns with the following Iowa Code requirements: ◊ Iowa Code section 321.193 authorizes the Department to impose restrictions on the license and revoke the license upon receiving satisfactory proof that any of the restrictions on the license were violated. ◊ Iowa Code section 901D.9 states that the court may notify the Department of the participant’s noncompliance and direct the Department to withdraw the TRL issued to the participant. ◊ Iowa Code section 321J.20(3) requires the Department to revoke the participant’s TRL if the person operates a motor vehicle while not in compliance with the 24/7 program. ◊ Iowa Code section 321J.20(10) requires compliance with the 24/7 program as a condition of the person’s license or driving privilege.

Amend the chapter’s implementation sentence to add references to Iowa Code section 321.193, which authorizes the Department to revoke a license when the licensee violates a restriction of the license; Iowa Code section 321.201, which authorizes the Department to cancel a license when the Department determines the person is not entitled to the license; and Iowa Code chapter 901D, which relates to the sobriety and drug monitoring program.

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 August 7, 2018. Comments should be directed to: Tracy George Department of Transportation DOT Rules Administrator, Strategic Communications and Policy800 Lincoln WayAmes, Iowa 50010 Email: tracy.george@iowadot.usPublic Hearing A public hearing to hear requested oral presentations will be held as follows: August 9, 2018Department of Transportation11 a.m.Motor 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. Any persons who intend to attend the public 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. The public hearing will be canceled without further notice if no oral presentation is requested. 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:

ITEM 1. Amend rule 761—620.2(321J) as follows:

761—620.2(321J) Information and location. Applications, forms, information, assistance, and answers to questions relating to this chapter are available by mail from the Office of Driverand Identification Services, Iowa Department of Transportation, P.O. Box 9204, Des Moines, Iowa 50306-9204; in person at 6310 SE Convenience Blvd., Ankeny, Iowa; by telephone at (800)532-1121(515)244-8725; or by facsimile at (515)237-3071(515)239-1837.

ITEM 2. Amend rule 761—620.3(321J) as follows:

761—620.3(321J) Issuance of temporary restricted license. 620.3(1) Eligibility and application. a. The department may issue a temporary restricted license to a person who is eligible under Iowa Code section 321J.4 (except subsection 8), 321J.9, 321J.12 or 321J.20. The department shall not issue a temporary restricted license to a person who has a current suspension or revocation for any other reason, or who is otherwise ineligible. b. To apply for a temporary restricted license, an applicant shall, at any time before or during the revocation period, submit application Form 430100 to the office of driverand identification services at the address in 761—620.2(321J). The application form should be furnished by the arresting officer. It may also be obtained upon oral or written request to the office of driverand identification services or by submitting Form 432018 to driverand identification services with the appropriate box checked. c. A temporary restricted license issued for employment may include permission for the licensee to transport dependent children to and from a location for child care when that activity is essential to continuation of the licensee’s employment. d. A temporary restricted license issued for any purpose may include permission for the licensee to participate in the sobriety and drug monitoring program established pursuant to Iowa Code chapter 901D. For purposes of this chapter, a sobriety and drug monitoring program means the sobriety and drug monitoring program established pursuant to Iowa Code chapter 901D. If the licensee is required to participate in and comply with the sobriety and drug monitoring program as a condition of the license, the licensee shall notify the department of the jurisdiction to which the licensee is reporting in compliance with the program. 620.3(2) Statements. A person applying for a temporary restricted license shall submit all of the following statements that apply to the person’s situation. Each statement shall explain the need for the license and shall list specific places and times for the activity which can be verified by the department. a. A statement from the person’s employer unless the person is self-employed including, when applicable, verification that the person’s use of a child care facility is essential to the person’s continued employment. b. A statement from the person. c. A statement from the health care provider if the person or the person’s dependent requires continuing health care. d. A statement from the educational institution in which the person is enrolled. e. A statement from the substance abuse treatment program in which the person is participating. f. A copy of the court order for community service and a statement describing the assigned community service from the responsible supervisor. g. A statement from the child care provider. 620.3(3) Additional requirements. A person applying for a temporary restricted license shall also comply with all of the following requirements: a. Provide a description of all motor vehicles to be operated under the temporary restricted license. b. Submit proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles to be operated under the temporary restricted license. c. Provide certification of installation of an approved ignition interlock device on every motor vehicle operated. d. Pay the $200 civil penalty. 620.3(4) Issuance and restrictions. a. When the application is approved and all requirements are met, the applicant shall be notified by the department to appear before a driver’s license examiner. The applicant shall pass the appropriate examination for the type of vehicle to be operated under the temporary restricted license. An Iowa resident shall also pay the reinstatement and license fees.The department shall not issue the temporary restricted license until the application is approved, all requirements are met, the applicable reinstatement and license fees have been paid, and the applicant has passed the appropriate examination for the type of vehicle to be operated under the temporary restricted license. b. The department shall determine the restrictions to be imposed by the temporary restricted license. The licensee shall apply to the department in writing with a justification for any requested change in license restrictions. 620.3(5) Denial. A person who has been denied a temporary restricted license or who contests the restrictions imposed by the department may request an informal settlement conference by submitting a written request to the director of the office of driverand identification services at the address given in 761—620.2(321J). Following an unsuccessful informal settlement or instead of that procedure, the person may request a contested case hearing in accordance with rule 761—620.4(321J). 620.3(6) Issuance of temporary restricted license to repeat offender whose driving privilege is revoked under Iowa Code section 321J.4(2). a. It is the opinion of the department that the amendment to Iowa Code section 321J.4(2) by 2009 Iowa Acts, Senate File 419, section 13, was undertaken in response to changes to 23 U.S.C. § 164, “Minimum penalties for repeat offenders for driving while intoxicated or driving under the influence,” effected by the SAFETEA-LU Technical Corrections Act of 2008, Public Law No. 110-244, § 115, 122 Stat. 1572 (June 6, 2008), and that Iowa Code section 321J.4(2) as amended by 2009 Iowa Acts, Senate File 419, section 13, is intended to remain and be interpreted in conformance with the requirements of 23 U.S.C. § 164, including the requirements for restricted driving privileges after 45 days. b. Accordingly, any provision in subrules 620.3(1) to 620.3(5) notwithstanding, any temporary restricted license issued to a person whose driving privilege is revoked under Iowa Code section 321J.4(2) shall be limited during the first year of the two-year revocation period to driving to and from work when necessary to maintain the person’s present employment, and shall not be allowed for any other purpose, including but not limited to transporting dependent children to and from a location for child care. After the first year of the two-year revocation period, a temporary restricted license issued to a person whose driving privilege is revoked under Iowa Code section 321J.4(2) may permit the person to drive to and from work as well as for any other work purpose when necessary to maintain the person’s present employment and may permit the person to transport dependent children to and from a location for child care when that activity is essential to continuation of the person’s employment. c. All pleadings and orders submitted by the department under Iowa Code section 321J.4(9) in regard to a person whose driving privilege is revoked under Iowa Code section 321J.4(2) will be in accord with the requirements of this subrule, and the department shall enforce any order authorizing the department to issue a temporary restricted license to a person whose driving privilege is revoked under Iowa Code section 321J.4(2) according to the requirements of this subrule. d. The department interprets 2009 Iowa Acts, Senate File 419, section 13, as applying to convictions entered on or after July 1, 2009, and accordingly this subrule shall apply to revocations arising from convictions entered on or after July 1, 2009.

ITEM 3. Amend rule 761—620.4(321J) as follows:

761—620.4(321J) Hearings and appeals. 620.4(1) Contested case hearing. a. A person may request a contested case hearing by checking the appropriate box on Form 432018 and submitting it to the department or by submitting a written request to the director of the office of driverand identification services at the address given in 761—620.2(321J). The request shall include the person’s name, date of birth, driver license number, complete address and telephone number. b. A request for a hearing to contest the denial of a temporary restricted license or to contest the restrictions may be submitted at any time. c. A request for a hearing to contest a revocation shall be submitted within ten days after receipt of the revocation notice. The request shall be deemed timely submitted if it is delivered to the director of the office of driverand identification services or properly addressed and postmarked within this time period. d. Failure to timely request a hearing on a revocation is a waiver of the right to a hearing under Iowa Code chapter 321J, and the revocation shall become effective on the date specified in the revocation notice. e. After a hearing, a written decision will be issued by the presiding officer. 620.4(2) Appeal. A decision by a presiding officer shall become the final decision of the department and shall be binding on the department and the person who requested the hearing unless either appeals the decision in accordance with this subrule. a. The appeal shall be decided on the basis of the record made before the presiding officer in the contested case hearing and no additional evidence shall be presented. b. The appeal shall include a statement of the specific issues presented for review and the precise ruling or relief requested. c. An appeal of the presiding officer’s decision shall be submitted in writing by sending the original and one copy of the appeal to the director of the office of driverand identification services at the address given in 761—620.2(321J). d. An appeal shall be deemed timely submitted if it is delivered to the director of the office of driverand identification services or properly addressed and postmarked within ten days after receipt of the presiding officer’s decision. e. The director of the office of driverand identification services shall forward the appeal to the director of transportation. The director of transportation may affirm, modify or reverse the decision of the presiding officer, or may remand the case to the presiding officer. f. Failure to timely appeal a decision shall be considered a failure to exhaust administrative remedies. 620.4(3) Final agency action. The decision of the director of transportation shall be the final decision of the department and shall constitute final agency action for purposes of judicial review. No further steps are necessary to exhaust administrative remedies. 620.4(4) Default. a. If a party fails to appear or participate in a contested case proceeding after proper service of notice, the presiding officer may, if no continuance is granted, either enter a default decision or proceed with the hearing and render a decision in the absence of the party. b. Any party may move for default against a party who has requested the contested case proceeding and who has failed to appear after proper service. c. A default decision or a decision rendered on the merits after a party has failed to appear or participate in a contested case proceeding becomes final agency action unless, within ten days after receipt of the decision, either a motion to vacate is filed and served on the presiding officer and the other parties or an appeal of a decision on the merits is timely submitted in accordance with subrule 620.4(2). A motion to vacate must state all facts relied upon by the moving party which establish that good cause existed for that party’s failure to appear or participate. d. The time for further appeal of a decision for which a timely motion to vacate has been filed is stayed pending a decision on the motion to vacate. e. Timely filed motions to vacate shall be granted only for good cause shown. The burden of proof is on the moving party. Adverse parties shall have ten days to respond to a motion to vacate. f. “Good cause” for the purpose of this rule means surprise, excusable neglect or unavoidable casualty. g. A decision denying a motion to vacate is subject to further appeal in accordance with subrule 620.4(2). h. A decision granting a motion to vacate is subject to interlocutory appeal by the adverse party in accordance with subrule 620.4(2). i. If a motion to vacate is granted and no timely interlocutory appeal has been taken, the presiding officer shall issue another notice of hearing and the contested case shall proceed accordingly. 620.4(5) Petition to reopen a hearing. a. A petition to reopen a hearing pursuant to Iowa Code section 17A.16 shall be submitted in writing to the director of the office of driverand identification services at the address in 761—620.2(321J). If a petition is based on a court order, a copy of the court order shall be submitted with the petition. If a petition is based on new evidence, the petitioner shall submit a concise statement of the new evidence and the reason(s) for the unavailability of the evidence at the original hearing. b. A petition to reopen a hearing may be submitted at any time even if a hearing to contest the revocation was not originally requested or held. c. A person may appeal a denial of the petition to reopen. The appeal shall be deemed timely if it is delivered to the director of the office of driverand identification services at the address in 761—620.2(321J) or properly addressed and postmarked within 20 days after issuance of the decision denying the petition to reopen.

ITEM 4. Amend rule 761—620.5(321J) as follows:

761—620.5(321J) Reinstatement. When the revocation period has ended, a person shall be notified by the department to appear before a driver’s license examiner to obtain a motor vehicle license. The license may be issuedThe department may reinstate the license when the revocation has ended if the person has: 620.5(1) Filed proof of financial responsibility under Iowa Code chapter 321A for all motor vehicles to be operated. 620.5(2) Paid the $200 civil penalty. 620.5(3) Provided proof of satisfactory completion of a course for drinking drivers and proof of completion of substance abuse evaluation and treatment or rehabilitation services on a form and in a manner approved by the department. 620.5(4) Successfully completed the required driver license examination. 620.5(5) Paid the specified reinstatement fee. 620.5(6) Paid the appropriate license or permit fee. 620.5(7) Provided proof of deinstallation of the ignition interlock device if one was installed for a temporary restricted license.Provided, if required by Iowa Code section 321J.17(3), proof of installation of an approved ignition interlock device or proof the person remains in compliance with the ignition interlock device requirement if the device was installed for a temporary restricted license. 620.5(8) Provided, if required in accordance with Iowa Code section 321J.20, proof of participation in and compliance with the sobriety and drug monitoring program.

ITEM 5. Amend subrule 620.15(1) as follows: 620.15(1) Reporting. a. A provider of a substance abuse program shall report to the department on a form and in a manner approved by the department whenWhen a person who has been ordered to attend thea substance abuse program has satisfactorily completed the program, the program provider shall electronically report completion to the department in a manner approved by the department. b. Reporting to the department shall be in accordance with Iowa Code sections 125.37, 125.84 and 125.86 and the federal confidentiality regulations, “Confidentiality of Alcohol and Drug Abuse Patient Records,” 42 CFR Part 2, effective June 9, 1987.

ITEM 6. Amend subrule 620.16(1) as follows: 620.16(1) Reporting. a. A community college conducting a drinking drivers course shall report to the department on a form and in a manner approved by the department whenWhen a person who has been ordered to attend thea drinking drivers course has successfully completed itthe course, the program provider under Iowa Code section 321J.22(2)“a” shall electronically report completion to the department in a manner approved by the department. b. Reserved.

ITEM 7. Adopt the following new rule 761—620.17(321J):

761—620.17(321J) Sobriety and drug monitoring program. When the department revokes a person’s driver’s license under Iowa Code chapter 321J, and the person seeks a temporary restricted license, or the person seeks reinstatement of the person’s driver’s license under Iowa Code section 321J.17, the department shall, if applicable, require the person to participate in and comply with the sobriety and drug monitoring program. 620.17(1) Condition of license. Participation in and compliance with the sobriety and drug monitoring program shall be a condition of the license if all of the following apply: a. The person committed an eligible offense as defined in Iowa Code section 901D.2(4). A first offense means the person has no previous revocation under Iowa Code chapter 321J, and a second or subsequent offense means the person has had a previous revocation under Iowa Code chapter 321J. b. The eligible offense was committed in a participating jurisdiction. 620.17(2) Duration. Unless otherwise provided in Iowa Code chapter 901D or Iowa Code section 321J.20, the person shall be required to participate in the sobriety and drug monitoring program for the length of time that an ignition interlock device is required as provided in Iowa Code section 321J.20. 620.17(3) Excuse from participation and compliance. Participation in and compliance with the sobriety and drug monitoring program shall not be required as a condition of the person’s driver’s license if the court enters an order finding the person is not required to participate in and comply with the program. 620.17(4) Cancellation. If the department is notified that a person required to participate in the sobriety and drug monitoring program has not completed enrollment in the program, the department shall cancel the person’s driver’s license in accordance with the department’s existing provisions for cancellation of a license. 620.17(5) Noncompliance. If the department is notified pursuant to Iowa Code section 901D.9 that a person required to participate in the sobriety and drug monitoring program is no longer in compliance with the program, the department shall revoke the person’s driver’s license in accordance with the department’s existing provisions for revocation of a license.

ITEM 8. Amend 761—Chapter 620, implementation sentence, as follows: These rules are intended to implement Iowa Code chapters 17A,and 321Jand 901D and sections321.193, 321.201, 321.376 and 707.6A.ARC 3902CPublic Safety Department[661]Filed Emergency After Notice

Rule making related to electrician and electrical contractor license requirements

The Electrical Examining Board hereby amends Chapter 502, “Electrician and Electrical Contractor Licensing Program—Licensing Requirements, Procedures, and Fees,” Iowa Administrative Code. Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 103.6(1)“a.”State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code section 105.18(3)“d.”Purpose and Summary 2015 Iowa Acts, House File 536, section 38, amended Iowa Code chapter 105, specifically, Iowa Code section 105.18(3)“d,” relating to the license requirements for persons who work on air conditioning and refrigeration systems. The legislation clarified that a person who holds either a master or journeyperson mechanical license or a master or journeyperson HVAC-refrigeration license is exempted from having to obtain a special electrician’s license pursuant to Iowa Code chapter 103 in order to perform the disconnection and reconnection of existing air conditioning and refrigeration systems. The amendment to Chapter 502 incorporates this statutory correction.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 28, 2018, as ARC 3656C. A public hearing was held on March 20, 2018, at 10 a.m. in the First Floor Public Conference Room 125, Oran Pape 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.Reason for Waiver of Normal Effective Date Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Board finds that the normal effective date of this rule making, 35 days after publication, should be waived and the rule making made effective on June 25, 2018, because the amended rule confers a benefit on persons who hold a master or journeyperson mechanical license by providing that they will not have to also obtain a special electrician’s license and pay the related fee in order to perform the disconnection and reconnection of existing air conditioning and refrigeration systems.Adoption of Rule Making This rule making was adopted by the Electrical Examining Board on June 21, 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 Board for a waiver of the discretionary provisions, if any, pursuant to the provisions of rule 661—501.5(103). 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 June 25, 2018. The following rule-making action is adopted:

ITEM 1. Amend subrule 502.2(9) as follows: 502.2(9) A special electrician license may be issued to a person who submits to the board a completed application with the applicable fee, who is not disqualified from holding a license pursuant to rule 661—502.4(103), and who meets the qualifications for any endorsement entered on the license. Each special electrician license shall carry one or more endorsements as specified in paragraphs “a” through “d.” a. Endorsement 1, “Irrigation System Wiring,” shall be included on a special electrician license if the licensee requests it and has passed a supervised examination approved by the board or has completed two years, or 4,000 hours, of documented experience in the wiring of irrigation systems. b. Endorsement 2, “Disconnecting and Reconnecting Existing Air Conditioning and Refrigeration Systems,” shall be included on a special electrician license if the licensee requests it and has passed a supervised examination approved by the board or has completed two years of documented experience in the disconnecting and reconnecting of existing air conditioning and refrigeration systems.Note: An individual who holds any of the following licenses issued by the plumbing and mechanical systems board established pursuant to Iowa Code section 105.3 is not required to hold a license issued by the electrical examining board in order to perform disconnection and reconnection of existing air conditioning and refrigeration systems:

Master HVACrefrigeration.
Journeyperson HVACrefrigeration.
Master refrigerationmechanical.
Journeyperson refrigerationmechanical.

c. Endorsement 3, “Sign Installation,” shall be included on a special electrician license if the licensee requests that it be included. This endorsement does not authorize a licensee to connect power to a sign that has a voltage greater than 220V and an ampere rating greater than 20 amps. Initial installation or upgrading of the branch circuits supplying power to the sign shall be completed by a licensed master electrician or by a licensed journeyman electrician under the supervision of a master electrician. d. Endorsement 4, “Residential Electrician,” shall be included on a special electrician license if the licensee requests it and has passed a supervised written examination approved by the board or has completed four years of documented experience performing residential electrical work. A political subdivision may, by enactment of an ordinance filed with the board prior to its effective date, require that a special electrician performing work authorized by this endorsement be supervised by a master electrician. Special electrician licenses with “residential electrician” endorsements shall not be issued after December 31, 2010. Renewals of special electrician licenses with “residential electrician” endorsements shall not be issued after December 31, 2013. [Filed Emergency After Notice 6/23/18, effective 6/25/18][Published 7/18/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/18/18.ARC 3903CLabor Services Division[875]Adopted and Filed

Rule making related to boilers and pressure vessels

The Boiler and Pressure Vessel Board hereby amends Chapter 84, “Contested Cases Before the Boiler and Pressure Vessel Board,” Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 91, “General Requirements for All Objects,” and rescinds Chapter 95, “Water Heaters,” Iowa Administrative Code.Legal Authority for Rule Making This rule making is adopted under the authority provided in Iowa Code section 89.14.State or Federal Law Implemented This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary These amendments align the rules with statutory authority, update consensus standards adopted by reference, clarify where jurisdiction over boiler appurtenances ends, and make corrections to the rules.Public Comment and Changes to Rule Making Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on May 23, 2018, as ARC 3807C. No public hearing was held. Comments were received from two organizations that criticized 2018 Iowa Acts, House File 2297. Several of the items in the rule making implement 2018 Iowa Acts, House File 2297. No changes from the Notice have been made.Adoption of Rule Making This rule making was adopted by the Board on June 28, 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 Board for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 81.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 September 1, 2018. The following rule-making actions are adopted:

ITEM 1. Amend rule 875—84.2(17A,89) as follows:

875—84.2(17A,89) Appeal to the board. The commissioner’s ruling on a petition for reconsideration or the commissioner’s deemed denial of a petition for reconsideration may be appealed to the board. An appeal must be filed in writing with the board within 30 calendar days of the earlier of either the issuance of the commissioner’s written ruling on a petition for reconsideration or the commissioner’s deemed denial of a petition for reconsideration. At a minimum, an appeal shall include a short and concise statement of the basis for the appeal. The required form for an appeal is available on the board’s website at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. Consideration of an appeal of a ruling on a petition for reconsideration shall be a contested case proceeding subject to the provisions of Iowa Code chapter 17A. The commissioner shall have an automatic right of intervention in any appeal of the ruling on petition for reconsideration and shall defend the ruling in a contested case proceeding.

ITEM 2. Amend rule 875—90.1(89) as follows:

875—90.1(89) Purpose and scope. These rules institute administrative and operational procedures for implementation of Iowa Code chapter 89. An object shall not be considered “under pressure” and shall not be within the scope of Iowa Code chapter 89 when there is clear evidence that the manufacturer did not intend it to be operated at more than 3 psi and the object is operating at 3 psi or less.Jurisdiction is limited to objects, appurtenances, controls, safety devices, and equipment rooms as required by Iowa rules.

ITEM 3. Adopt the following new definitions of “Appurtenance” and “Boiler external piping” in rule 875—90.2(89,261,252J,272D): "Appurtenance" means any item or equipment that is attached to the object and is part of the boiler external piping. "Boiler external piping" means all boiler piping and components as set forth in the scope of the edition of ASME B31.1 currently adopted by reference in Chapter 91.

ITEM 4. Rescind and reserve subparagraph 90.11(1)"a".

ITEM 5. Amend subrule 91.1(1) as follows: 91.1(1) ASME boiler and pressure vessel codes adopted by reference. The ASME Boiler and Pressure Vessel Code (2015)(2017) is adopted by reference. Regulated objects shall be designed and constructed in accordance with the ASME Boiler and Pressure Vessel Code (2015)(2017) except for objects that meet one of the following criteria: a. An object with an ASME stamp and National Board Registration that establish compliance with an earlier version of the ASME Boiler and Pressure Vessel Code; b. An object within the scope of 875—Chapter 95; c. Rescinded IAB 10/5/11, effective 11/9/11. d. b. A miniature boiler installed before March 31, 1967; e. c. A power boiler or unfired steam pressure vessel installed before July 4, 1951; or f. d. A steam heating boiler, hot water heating boiler, or hot water supply boiler installed before July 1, 1960.

ITEM 6. Amend subrules 91.1(3) to 91.1(10) as follows: .(3) Inspection code adopted by reference. The National Board Inspection Code (2015)(2017) is adopted by reference, and reinstallations, installations, alterations, and repairs after April 1, 2016September 1, 2018, shall comply with it. .(4) Electric code adopted by reference. The National Electrical Code (2014)(2017) is adopted by reference, and reinstallations and installations after April 1, 2016September 1, 2018, shall comply with it. .(5) Piping codes adopted by reference. The Power Piping Code, ASME B31.1 (2014)(2016), and the Building Services Piping Code, ASME B31.9 (2014)(2017), are adopted by reference, and reinstallations and installations after May 20, 2015September 1, 2018, shall comply with them up to and including the first valve. .(6) Control and safety device code adopted by reference. Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2012)(2015) is adopted by reference, and reinstallations and installations after October 31, 2013September 1, 2018, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89). .(7) Mechanical code adopted by reference. Excluding Section 701.1, Chapters 2 and 7 of the International Mechanical Code (IMC) (2015)(2018) are adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with them. .(8) Oil burning equipment code adopted by reference. National Fire Protection Association Standard for the Installation of Oil Burning Equipment, NFPA 31 (2011)(2016), is adopted by reference, and installations and reinstallations after October 10, 2012September 1, 2018, shall comply with it. .(9) Fuel gas code adopted by reference. National Fire Protection Association National Fuel Gas Code, NFPA 54 (2015)(2018), is adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with it. .(10) Liquefied petroleum gas code adopted by reference. National Fire Protection Association Liquefied Petroleum Gas Code, NFPA 58 (2014)(2017), is adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with it.

ITEM 7. Rescind and reserve rule 875—91.3(89).

ITEM 8. Amend rule 875—91.6(89) as follows:

875—91.6(89) Pipe, valve, and fitting requirements. Pipes, valves, and fittings subject to the effects of galvanic action shall not be used on objects covered by these rules except where permitted in 875—Chapter 95. Dielectric fittings shall be used where dissimilar metals are joined. 91.6(2) Rescinded IAB 11/18/09, effective 1/1/10. 91.6(3) Rescinded IAB 11/18/09, effective 1/1/10.

ITEM 9. Amend rule 875—91.18(89) as follows:

875—91.18(89) National Board registration. Except for cast iron boilers,and cast aluminum boilers, and objects governed by 875—Chapter 95, all objects shall be registered with the National Board.

ITEM 10. Amend rule 875—91.19(89) as follows:

875—91.19(89) ASME stamp. Except for water heaters regulated by 875—Chapter 95, allAll objects shall bear the appropriate ASME stamp. Objects shall not be utilized in a manner inconsistent with the stamp.

ITEM 11. Rescind and reserve 875—Chapter 95. [Filed 6/28/18, effective 9/1/18][Published 7/18/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 7/18/18.

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