of Iowa Administrative Code Supplement · The Iowa Administrative Code Supplement is published biweekly pursuant to Iowa Code ion 17 A.6. The Supplement contains replacement pages

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State of Iowa

Iowa Administrative

Code Supplement

Biweekly September 23, 1998

KATHLEEN K. BATES ADMINISTRATIVE CODE EDITOR

ROSEMARY DRAKE AsSISTANT EDITOR

PUBUSHED BY THE

STATE OF IOWA UNDER AUTHORITY OF IOWA CODE SECf'ION 17 A.6

Supp. PREFACE lAC 2/26/97

The Iowa Administrative Code Supplement is published biweekly pursuant to Iowa Code ion 17 A.6. The Supplement contains replacement pages to be inserted in the loose-leaf

Iowa Administrative Code (lAC) according to instructions included with each Supplement. The replacement pages incorporate rule changes which have been adopted by the agencies and filed with the Administrative Rules Coordinator as provided in Iowa Code sections 7.17 and 17A.4 to 17A.6. To determine the specific changes in the rules, refer to the Iowa Administrative Bulletin bearing the same publication date.

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In addition to the changes adopted by agencies, the replacement pages may reflect objection to a rule or a portion of a rule filed by the Administrative Rules Review Committee (ARRC), the Governor, or the Attorney General pursuant to Iowa Code section 17 A.4( 4); an ·'~.,/ effective date delay imposed by the ARRC pursuant to section 17 A.4(5) or 17 A.8(9); rescission of a rule by the Governor pursuant to section 17 A.4(6); or nullification of a rule by the General Assembly pursuant to Article III, section 40, of the Constitution of the State of Iowa.

The Supplement may also contain replacement pages for the lAC Index and for the preliminary sections of the lAC: General Information about the lAC, Chapter 17 A of the Code of Iowa, Style and Format of Rules, Table of Rules Implementing Statutes, and Uniform Rules on Agency Procedure.

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lAC Supp. 9/23/98 Instructions

JINSTJRUCTIONS FOR

Updating Iowa Administrative Code with Biweekly Supplement

Page 1

NOTE: Please review the "Preface" for both the Iowa Administrative Code and Biweekly Supplement and follow carefully the updating instructions.

The boldface entries in the left-hand column of the updating instructions correspond to the tab sections in the lAC Binders.

Obsolete pages of lAC are listed in the column headed "Remove Old Pages." New and replacement pages in this Supplement are listed in the column headed "Insert New Pages." It is important to follow instructions in both columns.

Editor's telephone: (515)281-3355 or (515)281-8157 Fax: (515)281~24

First Volume-General Information

Arts Division[222]

Labor Services Division[347]

GENERAL SERVICES DEPARTMENT[401]

HUMAN SERVICES DEPARTMENT[441]

Racing and Gaming Commission[491]

UPDATING INSTRUCfiONS September 23, 1998, Biweekly Supplement

[Previous Supplement dated 9/9/98]

IOWA ADMINISTRATIVE CODE

Remove Old Pages*

p. 13, 14

Analysis, p. 1-Ch 25, p. 2

Ch 10, p. 5-Ch 26, p. 3

Analysis, p. 3 Ch 10, p. 1, 2

Ch 25, p.l, 2 Ch 25, p. 17-Ch 25, p. 21 Ch 175, p.1, 2

Ch 1, p. 1-Ch 1, p. 3

Insert New Pages

p. 13,14

Analysis, p. 1-Ch 23, p. 3

Ch 10, p. 5-Ch 26, p. 3

Analysis, p. 3 Ch 10, p.1, 2

Ch 25, p.1, 2 Ch 25, p. 17-Ch 25, p. 21 Ch 175, p.1, 2 Ch 175, p. 17

Ch 1, p.1-Ch 1, p. 3

*It is recommended that "Old Pages" be retained indefinitely in a place of your choice. They may prove helpful in tracing the history of a rule.

Page2 Instructions lAC Supp. 9/23/98

Remove Old Pages* Insert New Pages

INTERNATIONAL NETWORK ON TRADE (INTERNE1j[497] Ch 1, p.1, 2 Page 1

Emergency Management Division[605] Analysis, p. 1, 2 Analysis, p. 1, 2

Ch 10, p. 1-Ch 10, p. 11 Ch 10, p.1-Ch 10, p.12

Professional Licensure Division[645] Ch 141, p. 1-Ch 141, p. 11 Ch 141, p. 1-Ch 141, p. 12

Ch 220, p. 1-Ch 220, p. 12 Ch 220, p. 1-Ch 220, p. 13

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOD[731] Analysis, p. 1-Ch 2, p. 2 Page 1

TRANSPORTATION DEPARTMENT[761] Analysis, p. 5, 6 Analysis, p. 5, 6

Ch 130, p. 1-Ch 131, p. 7 Ch 130, p. 1-Ch 132, p. 2

Workers' Compensation Division[876] Analysis, p. 1-Ch 3, p. 2 Analysis, p. 1-Ch 3, p. 2

Ch 6, p. 1-Ch 6, p. 24 Ch 6, p.1-Ch 6, p. 7 Ch 11, p.1

Index Volume "C''Tab, p.1-24 "C''Tab, p.1-24

TABS Insert divider tabs numerically

*It is recommended that "Old Pages" be retained indefinitely in a place of your choice. They may prove helpful in tracing the history of a rule.

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IAC9123/98 General Information

'--1 HUMAN SERVICES DEPARTMENT[441]

INSPECTIONS AND APPEAlS DEPARTMENT[ 481] Employment Appeal Board£486] Foster Care Review Board£489] Racing and Gaming Commission£491] State Public Defender£493)

LAW ENFORCEMENT ACADEMY[501]

LIVESTOCK HEALTII ADVISORY COUNCIL(521)

'--" MANAGEMENT DEPARTMENT£541) Appeal Board, State£543]

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City Finance Committee£545] County Finance Committee[547]

NARCOTICS ENFORCEMENT ADVISORY COUNCIL(551)

NATIONAL AND COMMUNITY SERVICE, IOWA COMMISSION ON(55SJ

NATURAL RESOURCES DEPARTMENT£561] Energy and Geological Resources Division(565] Environmental Protection Commission£567] Natural Resource Commission(571] Preserves, State Advisory Board£575]

PERSONNEL DEPARTMENT[ 58! J

PETROLEUM UNDERGROUND STORAGE TANK FUND BOARD, IOWA COMPREHENSIVE[S91)

PREVENTION OF DISABILITIES POLICY COUNCIL(597]

PUBUC DEFENSE DEPARTMENT£601 J Emergency Management Division£605}

~ Military Division£611 J

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PUBUC EMPLOYMENT RELATIONS BOARD(621 J

PUBUC HEALTH DEPARTMENT(641] Substance Abuse Comrnission(643] Professional Licensure Division[645J Dental Examiners Board[650] Medical Examiners Board(653] Nursing Board[655] Pharmacy Examiners Board(657]

p.13

p.l4 General Information

PUBUC SAFETY DEPARTMENT[661]

RECORDS COMMISSION(671J

REGENTS BOARD[681] Archaeologist[ 685]

REVENUE AND FINANCE DEPARTMENT[701 1 Lottery Division[7051

SECRETARY OF STATE[721 1

SEED CAPITAL CORPORATION, IOWA(727J

SHEEP AND WOOL PROMOTION BOARD, IOWA[741J

TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION, IOWA(751J

TRANSPORTATION DEPARTMENT[761] Railway Finance Authority[765]

TREASURER OF STATE[781]

UNIFORM STATE LAWS COMMISSIONJ791J

VETERANS AFFAIRS COMMISSION(801)

VETERINARY MEDICINE BOARD(Stt)

VOTER REGISTRATION COMMISSION(821J

WALLACE TECHNOLOGY TRANSFER FOUNDATION(851)

WORKFORCE DEVELOPMENT DEPARTMENT[871] Labor Services Division[875] Workers' Compensation Division[876] Workforce Development Board and

Workforce Development Centers Administration Division(877]

lAC 9/23/98

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IAC9/23/98 Arts Division[222] Analysis, p.1

~ ARTS DIVISION[222] (Prior to 9/18/91, see Cullum! Affairs(221) Chs 10, 11, 12)

CHAYfER1 CHAPTER6 ORGANIZATION AND OPERATION OPERATIONAL SUPPORT GRANTS TO

1.1(303) Definitions MAJOR AND MIDSIZE AKTS 1.2(303) Purpose ORGANIZATIONS 1.3(303) Location 6.1(303) Operational support grants to 1.4(303) Council statement on freedom of major and midsize arts

expression organizations

CHAPTER2 6.2(303) Definitions

"-"' OPERATING AND GRANTING POLICIES 6.3(303) Eligibility

2.1(303) Definitions 6.4(303) Cash match requirements 6.5(303) Funding cycle

2.2(303) Operating policies 6.6(303) Restrictions 2.3(303) Program policies 6.7(303) Formal application process

CHAPTER3 6.8(303) Year two interim program report TECHNICAL ASSISTANCE PROGRAM 6.9(303) Review criteria

3.1(303) Technical assistance program 6.10(303) Year one review process 3.2(303) Definitions 6.11(303) Year two review process 3.3(303) Eligibility requirements 6.12(303) Awards 3.4(303) Restrictions 6.13(303) Notification 3.5(303) Categories 6.14(303) Contract

CHAPTER4 6.15(303) Reporting

~ ACCESS TO THE ARTS FUNDING 6.16(303) Appeals

PROGRAM CHAPTERS 7 to 17 4.1(303) Access to the arts funding Reserved

program CHAPTER18 4.2(303) Definitions ARTIST DIRECTORY 4.3(303) Eligibility requirements 18.1(303) Artist directory 4.4(303) Restrictions 18.2(303) Definitions 4.5(303) Review criteria 18.3(303) Eligibility 4.6(303) Application procedures 18.4(303) Registration procedures 4.7(303) Deadline 18.5(303) Return of material 4.8(303) Review process 18.6(303) Registrant requirements 4.9(303) Awards 18.7(303) Fees to be included in artist 4.10(303) Notification directory

~ 4.11(303) Contract 18.8(303) Appeals 4.12(303) Reporting 4.13(303) Audit procedures and CHAPTER19

requirements Reserved 4.14(303) Appeals

CHAPTERS Reserved

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Analysis, p.2

CHAPTER20 ARTSAFE PROGRAM

20.1(304A) Artsafe 20.2(304A) Definitions 20.3(304A) Program administration 20.4(304A) Organizational eligibility 20.5(304A) Item eligibility 20.6(304A) Eligibility restrictions 20.7(304A) Coverage limitations 20.8(304A) Application procedures 20.9(304A) Deadlines 20.10(304A) Review criteria 20.11(304A) Review process 20.12(304A) Indemnity notification 20.13(304A) Indemnity agreement 20.14(304A) Notification of claim 20.15(304A) Final report 20.16(304A) Submission of claims

CHAPTERS 21 and 22 Reserved

CHAPTER23

Arts Division[222]

ART IN STATE BUILDINGS PROGRAM 23.1(304A) Art in state buildings program

(AISB) 23.2(304A) Definitions 23.3(304A) Administration 23.4(304A) Advisory committees 23.5(304A) Eligibility 23.6(304A) Application 23.7(304A) Artist selection process 23.8(304A) Artist review criteria 23.9(304A) Reporting

CHAPTERS 24 to 30 Reserved

IAC9/23/98

IAC9/23/98 Arts Division[222] Ch 1, p.l

CHAPTER! ORGANIZATION AND OPERATION

222-1.1(303) Definitions. The definitions of terms listed in Iowa Code section 17A.2 shall apply for terms as they are used throughout Chapters 1 to 23. In addition, as used in Chapters 1 to 23, the following terms shall apply:

"Advisory panel" means the members of review advisory panels as appointed by the administrator of the arts division in consultation with the chair.

"Applicant" means an organization incorporated under the Iowa nonprofit corporation Act and which is federally tax-exempt or an individual artist who is a legal resident of Iowa.

"Application" means a formal request for a grant or artist approval from an eligible applicant. "Arts division" means the arts division of the department of cultural affairs. "Curated resource" means a printed or electronically produced resource of the arts division in

which a qualified individual or organization is contracted or appointed by the arts division to research · and recommend candidates for inclusion in the resource.

"Department" means the Iowa department of cultural affairs. "Executive committee" means the five members of the Iowa arts council, inclusive of the vice chair

and chair. "Fiscal agent" means an organization that meets the definition of applicant and that administers

grant funds for an organization which has not yet received its tax-exempt status. "HOBIE" means the data management computer system utilized by the arts division. "In-kind" means donated goods and services provided by a recipient as part of the recipient's share

of a project. "J uried resource" means a printed or electronically produced resource of the arts division in which

applicants are reviewed and recommended for inclusion in the resource by an advisory panel appointed by the arts division.

"Matching funds" means the percentage of the total program or project cost which shall be provided by the applicant in cash.

''National standard for art information exchange" means a set of terms, definitions and a set of principles for organizing and reporting information used by public arts agencies for the purpose of improving management and guaranteeing national compatibility in the collection, organization and exchange of arts information.

"Project" means an eligible activity for which an organization or individual has submitted a single application for grant funds for arts division approval.

"Quorum" means the majority of voting members of the Iowa arts council, executive committee or advisory panels.

"Recipient" means any applicant receiving funds from the arts division. "Support materials" means information submitted as supplemental to the formal application form.

222-1.2(303) Purpose. The council was created by Iowa Code section 303.86. The mission of the council is to advance the arts in Iowa for the benefit of all.

222-1.3(303) Location. The office of the Iowa arts council is located at the State Historical Building, 600 East Locust Street, Des Moines, Iowa. The mailing address is Iowa Arts Council, State Capitol Complex, Des Moines, Iowa 50319. Regular office hours are 8 a.m. to 4:30p.m., Monday through Friday, state holidays excepted. The telephone number is (515)281-4451.

Ch 1, p.2 Arts Division[222] IAC9/23/98

222-1.4(303) Council statement on freedom of expression. The council adopts the following mis- '-.,' sion statement regarding freedom of expression: "The mission of the Iowa arts council is to advance the arts in Iowa for the benefit of all. Support of free speech is the centerpiece of this mission. The council is an advocate for and defender of the right of free speech by all citizens under the First Amend-ment of the Constitution of the United States.

''The council recognizes the need for public support of the arts and understands the responsibilities that accompany the allocation of public funds. The council seeks the advice of qualified Iowans through the use of review panels for funding recommendations. The council is committed to uphold and maintain the highest artistic standards and to encourage excellence in the arts.

''The council respects the integrity of an artist's personal vision and right to freedom of expression. The council rejects all attempts to control or censor the arts. Recognizing the diversity of viewpoints represented by Iowa communities, the council supports freedom of choice and access to the arts by all citizens." ' '1,_,1

These rules are intended to implement Iowa Code section 303.88. (Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91] (Filed 8!26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] (Filed 9/2/98, Notice 7/29/98-published 9/23/98, effective 10/28/98]

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lAC 9/23/98 Arts Division[222] Ch 2, p.l

CHAPTER2 OPERATING AND GRANTING POUCIES

222-2.1(303) Definitions. The definitions of terms listed in Iowa Code section 17A2 and 222-Chapter 1 shall apply for this chapter.

222-2.2(303) Operating policies. The following operating policies shall apply to arts division programs and services except where noted:

2.2(1) Annually, the chair appoints an executive committee of five members of the council, inclusive of the vice chair and chair. Between meetings, business may be conducted by the executive committee. A majority vote consists of three of five votes cast.

2.2(2) All assignments of duties of council members shall be made by the chair in consultation with the administrator.

2.2(3) Annually, the administrator, in consultation with the chair, appoints advisory panels to assist in any aspect of arts division administration, programs, or services. The arts division shall accept nominations from the general public of qualified individuals to serve in these capacities. Appointments are made for a term of one year, unless otherwise specified at the time of the appointment.

2.2( 4) Recommendations of advisory panels on any aspect of administration or programs constitute advice and shall not be binding on the council. In the case of grants, final awarding authority rests with the director or the director's designee.

2.2(5) The arts division shall provide information on arts activities in Iowa to the general public and, if deemed necessary by the arts division, may charge a fee for the dissemination of such information.

Individuals and organizations are eligible to request a copy of information contained in the arts division's HOBIE computer system, for projects of direct benefit to the development of the arts in Iowa.

2.2(6) Information shall be released under the condition that it shall not be sold, rereleased or retained for purposes other than those specifically stated to and granted by the arts division.

Organizations or individuals requesting information may be charged for time and materials used in producing lists or reports. A list of fees for services is available from the arts division upon request.

2.2(7) Council members or staff shall not submit an application for arts division funds, or serve as artist in an arts division program or activity during their terms of service or employment. This ban shaH extend for a period of two years after the termination of services or employment.

2.2(8) The arts division does not write or submit grant applications to other funding agencies for arts groups which, due to a lack of federal tax-exempt status or other qualifying characteristics, cannot apply to funding sources as coapplicant with other Iowa-based organizations.

222-2.3(303) Program policies. The following policies apply to all formerly adopted programs out\,.1 lined in 222-Chapters 3 to 23 except where noted:

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2.3(1) All arts division programs shall be conducted according to published guidelines that outline the goals of the programs, eligibility requirements, review criteria, adjudication processes andrecipient requirements.

2.3(2) All direct grant programs shall require formal application and review prior to the award or denial of any grant funds. The application, review, and award process will vary with the nature and design of each direct grant program.

2.3(3) Applicants to arts division granting programs shall be notified of the results of the grant application within 120 days following the advisory panel meeting.


2.3(4) The arts division shall support only those organizations that are nonprofit and federally tax-exempt. An applicant's Internal Revenue Service tax determination letter and federal identification number shall be filed with the arts division prior to the review of any grant application.

2.3(5) Nonprofit organizations that have not yet achieved federal tax-exempt status may apply through a fiscal agent.

2.3(6) Tax-exempt, nonprofit organizations located in states bordering Iowa shall be eligible to apply to the arts division for projects that serve Iowa audiences. Tax-exempt, nonprofit organizations located in bordering states are not eligible to apply to the arts division for general operating support.

2.3(7) Individuals applying for and receiving grant funds shall be legal residents of the United States, or be in the process of becoming legal residents as evidenced by certified documentation and be 18 years of age or older unless otherwise noted in program guidelines.

2.3(8) Artists applying to participate in arts division programs shall be subject to review with final approval authority resting with the administrator.

2.3(9) Preference in all arts division programs shall be given to Iowa artists. 2.3(10) Applications shall not be considered unless submitted on standard arts division applica

tion forms with support materials as required. 2.3(11) Applications submitted to the arts division shall be for projects that occur during the period

of July 1 through June 30. Multiyear project applications submitted to the arts division shall operate on a multiyear funding cycle and shall be funded on a yearly basis subject to available funding.

2.3(12) Applications shall be reviewed as received and deadlines shall be strictly enforced. Applications shall be postmarked or hand-delivered on or before the stated deadline date unless otherwise noted in program guidelines. An official U.S. Postal Service cancellation mark shall serve as the postmark date for deadline determinations. If the official deadline falls on a weekend or holiday, the first state working day after the published deadline becomes the official deadline. The use of facsimile machines to send an application is prohibited.

2.3(13) Arts division staff shall not be responsible for the correction or amendment of incomplete or erroneous applications after receipt in the arts division office.

2.3(14) The arts division shall issue a service contract for all grants awarded unless otherwise noted in program guidelines. '

2.3(15) No portion of arts division or other department funds shall be used by recipients to meet the recipient's or applicant's obligation to match other arts division or department grants or programs.

2.3(16) Review criteria scores shall be the official written record of the proceedings of an advisory panel meeting. Arts division staff shall, upon request, provide applicants with a written record of these scores. Scores shall be maintained within HOBIE.

2.3(17) An advisory panel member, or contractor (in areas outside the contracting authority), shall not serve as spokesperson or an official representative of the arts division without written authorization from the administrator. Violations of this rule may result in the removal of the individual from the panel.

2.3(18) Council and advisory panel members or contractors who have an affiliation in any grant application and who fail to absent themselves from all discussion and voting on such an application shall be recommended for resignation to the appointing authority. Affiliated interests shall be interpreted to include an employee, board or trustee relationship with the applicant, and shall be extended to include the spouse and dependent children of the council, advisory panel member or contractor.

2.3(19) The arts division shall place a strong emphasis on artistic quality in evaluating applications.

2.3(20) Programs supported to any extent by the arts division shall be open to the public.

lAC 9/23/98 Arts Division[222] Ch 2, p.3

~ 2.3(21) The arts division shall not permit recipients to become dependent on the arts division for a majority portion of their operating budgets.

2.3(22) The arts division shall not consider applications for funding a previous year's deficit or for projects that exclude the general public.

2.3(23) College- or university-based projects shall demonstrate community participation in planning, implementation and evaluation. Projects for which college credit is given to participants are not eligible for funding from the arts division. Projects that afford the college or university recruitment opportunities shall be considered a lower priority for funding.

2.3(24) Recipients of arts division grants shall not utilize funds for any lobbying purpose. 2.3(25) Unless otherwise contracted for in writing prior to surrender, any and all patents, copy

rights, or other legal interest of relevance to programs or projects supported by the arts division shall be the sole and exclusive property of the artist or the artist's designee.

2.3(26) Recipients of arts division grants shall credit the arts division in all promotion, publicity, \....,1 advertising, and in any printed materials relating to the grants-supported projects with the following

credit line or a reasonable facsimile: "This program is supported in part by the Iowa Arts Council." Noncompliance with this guideline shall jeopardize future funding of the recipient by the arts division.

2.3(27) No arts division funds shall be released to any recipient until all final reports and contractmandated requirements from previous awards are correctly submitted and approved by arts division staff. Recipients who fail to return signed contracts or related materials within 60 days of the funding notification or June 30, whichever comes first, shall risk cancellation of the pledge of funds from the arts division.

2.3(28) Recipients of arts division support in any form who are shown to be delinquent regarding final reports for past financial awards, negligent concerning statements of facts necessary to attain and maintain arts division funds, or substandard regarding compliance with contract-mandated guidelines, thereby rendering current or future arts division supported projects impractical, shall be placed on formal departmentwide funding moratorium by the administrator. The funding moratorium shall remain

'--1 in effect until the necessary reports are submitted and approved, or until the recipient returns grant funds to the arts division.

2.3(29) To ensure that state and federal grants are spent in full compliance with all state and federal guidelines and requirements, the administrator shall formulate and maintain a system of periodic onsite audits (financial, managerial, artistic, and physical) of recipients of grants and program funds, and make reports concerning these audits to the appropriate authorities.

2.3(30) All arts division contracts not successfully completed by the recipient within arts division guidelines may be required to return all or part of the arts division funds, such determination to be made at the sole discretion of the administrator in consultation with arts division staff.

2.3(31) Extensions to the contracted period of all arts division grants and programs may be requested in writing, addressed to the administrator and may be approved at the administrator's sole discretion in consultation with arts division staff. Generally, agency funding shall not be extended beyond September 30. Extensions shall not be approved when the new project time line is eligible for support

\..,) under the next program deadline. Projects that are eligible for the next program deadline shall be resubmitted by the applicant for reconsideration with the applicant adhering to all program guidelines then in effect.

2.3(32) Informal appeals. An informal appeals process shall be made available only to applicants whose applications were declined on procedural impropriety or error as evidenced by one or more of the following reasons:

a. Application declined on the basis of review criteria other than those appearing in the relevant guidelines;

b. Application declined based on influence of the advisory panel or council member(s) willfully or unwillfully failing to disclose conflicts of interest; and

c. Application declined based on highly erroneous information provided by staff, panelists, or council members at the time of review despite the fact that the applicant provided the arts division staff with accurate and complete information on regulation forms as part of the standard application proc

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d. Incomplete or ineligible applications are specifically denied any appeals process. Substantial- \.,.I ly revised applications may be recognized as new applications, or may be declared ineligible if constraints of time preclude accurate information being made available to panelists. All requests for appeals shall be made in writing and shall be postmarked or received in the arts division office within 30 calendar days of notification of the decision. A successful informal appeal shall be determined at the sole discretion of the administrator, whose discretion may include full or partial funding of the ag-grieved application which shall then be funded at the next earliest occasion. The administrator shall have the authority to appoint an appeals committee to assist in the review of any request from appli-cants whose applications were denied funding. The appeals committee shall have representation from the discipline of the aggrieved.

2.3(33) Formal appeals. Decisions by the administrator may be appealed through the contested case process as set out in Iowa Code sections 17A.10 to 17A19.

These rules are intended to implement Iowa Code sections 303.87 and 303.88. "--" [Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91] [Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 6/28/95, Notice 3/15/95-published 7/19/95, effective 8/23/95] [Filed 9/2/98, Notice 7/29/98-published 9/23/98, effective 10/28/98]

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lAC 9/23/98 Arts Division[222]

CHAPTER3 TECHNICAL ASSISTANCE PROGRAM

Ch 3, p.1

222-3.1 (303) Technical assistance program. The technical assistance program provides assistance with the development and advancement of Iowa artists, nonprofit organizations and educators by emphasizing professional growth with guidance and financial support available.

222-3.2(303) Definitions. The definitions of terms listed in Iowa Code section 17 A.2 and Iowa Administrative Code rule 222-1.1(303) shall apply for this chapter.

222-3.3(303) Eligibility requirements. The criteria used by the arts division to determine eligibility \..._) as outlined in 222-subrules 2.3(4) to 2.3(7) are adopted for this program.

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222-3.4(303) Restrictions. The restrictions used by the arts division as outlined in 222-subrules 2.3(9) to 2.3(15) are adopted for this program.

222-3.5(303) Categories. The categories for assistance through the technical assistance program shall include:

3.5(1) Staff consultations. Arts division staff shall be available for consultations with constituents. Consultation fees shall not be charged. Travel and lodging expenses for the duration of the consultation shaH be reimbursed to the arts division by the beneficiary of the consultation at current state government rates for reimbursement.

3.5(2) Peer advisory network. The peer advisory network assists in identifying and solving problems through the use of trained peer advisors.

a. Roster. The arts division shall maintain a roster of preapproved advisors on an annual basis. Application deadlines and review processes shall be announced annually.

b. Procedures. Clients shall request a peer advisory network service through a written letter of request to the arts division. Program funds shall be aHocated on a first-come, first-served basis through the fiscal year.

c. Fees. Peer advisory network consultations shall be charged at a rate of$100 per day. Advisors shall also be paid a $75 fee for preparation and final report work with the client. The client shall be responsible for covering the costs of travel, meals and lodging of the consultants. Incidental expenses such as photocopying, postage, and telephone calls shall be reimbursed by the client.

d. Length of consultancy. The maximum time any one client may use the program in the fiscal year shall be three full days. Final determination oflength of COnsultancy, frequency and funding rests with the arts division.

3.5(3) Professional development assistance. The arts division shall administer a granting program for support to eligible applicants to attend professional development opportunities.

a. Procedures. Eligible applicants shall submit a written letter of request for funding at least six weeks in advance of the event. A brochure outlining the details of the professional development opportunity shall be attached to the letter of request.

b. Funding. Funds shaH be available on a first-come, first-served basis from the arts division. The arts division shall provide up to $1,000 per successful recipient, but no more than 50 percent of the total cost of attendance.

Ch 3, p.2 Arts Division[222] lAC 9/23/98

3.5( 4) Professional consultants. The arts division shall administer a granting program to support '..__/ the hiring of professional arts consultants by eligible organizations.

a. Procedures. Eligible applicants shall submit a written letter of request for funding at least six weeks in advance of the consultation. The letter of request shall include a description of the need for the consultant, the consultant's name, and a summary of the costs.

b. Funding. Funds shall be available on a first-come, first-served basis from the arts division. The arts division shall provide up to $1,000, but no more than 50 percent of the total cost of the consultation.

These rules are intended to implement Iowa Code section 303.88. [Filed 9/2/98, Notice 7/29/98--published 9/23/98, effective 10/28/98]

lAC 9/23/98 Arts Division[222] Ch 4, p.l

CHAPTER4 ACCESS TO THE ARTS FUNDING PROGRAM

222--4.1 (303) Access to the arts funding program. The access to the arts funding program provides financial incentives for nonprofit organizations, artists, arts educators, area education agencies and schools for the development of exemplary arts activities.

222--4.2(303) Definitions. The definitions of terms listed in Iowa Code section 17 A.2 and 222-Chapter 1 shall apply for terms as they are used throughout this chapter.

222--4.3(303) Eligibility requirements. The criteria used by the arts division to determine eligibility as outlined in 222-subrules 2.3(4) to 2.3(8) are adopted for this program.

222--4.4(303) Restrictions. The restrictions used by the arts division as outlined in 222-subrules 2.3(10) to 2.3(15) and 2.3(19) to 2.3(31) are adopted for this program with the following additions:

4.4(1) The access to the arts program shall not fund conservation of art works or projects that take place outside the state of Iowa.

4.4(2) The access to the arts program shall not permit grantees to become dependent upon it for continued funding of recurring projects. These projects shall be considered a lower priority after successive years of project support unless circumstances encourage continued financial assistance.

4.4(3) The access to the arts program shall not consider applications for capital improvement or construction projects, existing administrative salaries, purchase of permanent equipment, funding a previous year's deficit, tuition assistance for academic study, reception expenses, indirect costs, or projects that exclude the general public.

4.4(4) The access to the arts program requires college- or university-based projects to feature community participation and outreach.

222--4.5(303) Review criteria. The advisory panel shall review applications to the access to the arts program based upon the following criteria:

4.5(1) Scope of project, including its exemplary qualities, qualifications, significance, and feasibility of completion-up to 20 points;

4.5(2) Partnerships of benefit evidenced by the applicant that impact the project, participants, or public-up to 20 points;

4.5(3) Preparation, evaluation, and follow-up activities or plans relating to the proposed project-up to 20 points;

4.5(4) Unserved or underserved populations benefiting from the proposed project-up to 20 points;

4.5(5) Community and family involvement in the proposed project-up to 20 points.

222--4.6(303) Application procedures. Applicants shall submit the official access to the arts application form as noted in 222-subrule 2.3(10). Applicants shall be limited to the submission of two funded projects per fiscal year, specific to the site or population served.

Ch 4, p.2 Arts Division[222] lAC 9/23/98

222-4. 7(303) Deadline. Applications shall be due in the arts council offices at least three months in ~ advance of the project start date.

222-4.8(303) Review process. Applications to the access to the arts program shall be reviewed on a quarterly basis, with specific dates to be published in the annual access to the arts guidelines available upon request from the arts division. Applications are reviewed by the appropriate advisory panel in accordance with 222-subrules 2.2(3), 2.2(4) and 2.3(15) to 2.3(23).

222-4.9(303) Awards. Awards shall be made in accordance with procedures outlined in 222-subrules 2.3(25) to 2.3(31).

222-4.10(303) Notification. Notification shall be made in accordance with procedures outlined in 222-subrule 2.3(3).

222-4.11(303) Contract. A contract shall be issued in accordance with procedures outlined in 222-subrule 2.3(14).

222-4.12(303) Reporting. All grantees shall submit a final report in accordance with procedures outlined in 222-subrules 2.3(27) to 2.3(31).

222-4.13(303) Audit procedures and requirements. The audit procedures and requirements for grantees as outlined in 222-subrule 2.3(29) shall be in effect for this program.

222-4.14(303) Appeals. Applicants who were denied funding may appeal the decision in accor- \.._,/ dance with procedures outlined in 222-subrules 2.3(32) and 2.3(33).

These rules are intended to implement Iowa Code section 303.88. [Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91]

[Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 6/28/95, Notice 3/15/95-published 7/19/95, effective 8/23/95] [Filed 9/2/98, Notice 7/29/98-published 9/23/98, effective 10/28/98]

CHAPTERS MINIGRANTS

Rescinded JAB 9n.3/98, effective: 10/28/98


CHAPTER6 OPERATIONAL SUPPORT GRANTS TO MAJOR AND

MIDSIZE ARTS ORGANIZATIONS

Ch 6, p.1

222--6.1 (303) Operational support grants to major and midsize arts organizations. The arts division awards a limited number of grants for unspecified operational support to arts organizations providing cultural and managerial excellence on a continuing basis.

222--6.2(303) Definitions. The definitions of terms listed in Iowa Code section 17 A.2 and 222-Chapter 1 shall apply for terms as they are used throughout this chapter. In addition, the following terms shall apply:

"Funding cycle" means the two-year granting cycle. "Project year" means July 1 through June 30 and shall coincide with the state oflowa's fiscal year. "Year one" means the first fiscal year of the funding cycle. "Year two" means the second fiscal year of the funding cycle.

222--6.3(303) Eligibility. Operational support grants to major and midsize arts organizations are intended for arts organizations incorporated in Iowa and holding federal tax-exempt status. The program shall be limited to major arts organizations with established annual cash operating budgets of at least $250,000 and midsize arts organizations with established annual cash operating budgets of at least $50,000 and no more than $250,000. Applicants shall be arts organizations whereby exhibitions are organized, concerts are performed, productions are mounted or programs are sponsored by the applicant. Applicants shall operate year-round, have organized plans for artistic and economic stability, and shall not be an educational institution, or be connected to any educational institution. Student or youth organizations shall be considered a lower priority for funding.

222--6.4(303) Cash match requirements. Applicants shall be required to demonstrate evidence of their ability to match the requested amount in cash. Cash match requirements shall be met automatically when an applicant's operating budget contains nonfederal and nondepartmental funds in excess of the grant award. ·

222--6.5(303) Funding cycle. The operational support grant program for major and midsize arts organizations shall operate on a two-year funding cycle. All applicants shall undergo a formal review process in year one of the funding cycle and shall be required to submit an interim program report in year two of the funding cycle.

222--6.6(303) Restrictions. Applicants shall be limited to the submission of one application to the access to the arts granting program of the arts division in the same fiscal years that they are applying for operational support.

222--6. 7(303) Formal application process. Formal applications submitted in year one of the funding cycle shall be made on an official arts division operational support grant application form available at the arts division office. A letter of intent shall be due in accordance with an annual deadline that shall be published in the program guidelines. Applications shall be due in accordance with a deadline that shall be published in the program guidelines.

Ch 6, p.2 Arts Division(222] IAC9/23/98

222-6.8(303) Year two interim program report. An interim program report shall be submitted to the arts division prior to year two of the funding cycle. The deadline for the submission of the interim program report shall be published in program guidelines. The interim program report shall be available upon request from the arts division office.

222-6.9(303) Review criteria. The following criteria shall be used by the advisory panel in year one of the funding cycle to review applications to the operational support grants to major and midsize arts organizations program:

6.9(1) Artistic-up to 35 points. a. Development and support of Iowa artists. b. Artistic growth. c. Excellence of product or programs. 6.9(2) Management-up to 30 points. a. Planning. b. Evaluation. c. Fund-raising. 6.9(3) Education/outreach-up to 15 points. a. Audience and artistic educational opportunities. b. Volunteer network development. c. Involvement of community and schools. 6.9(4) Accessibility-up to 20 points. Service to special populations.

222-6.10(303) Year one review process. Formal applications submitted in year one of the funding cycle are reviewed by the appropriate advisory panel in accordance with 222-subrules 2.2(4) and 2.3(16) to 2.3(23).

222-6.11(303) Year two review process. Interim program reports submitted during year two of the funding cycle are subject to approval by the administrator of the arts division in consultation with arts division staff.

222-6.12(303) Awards. Awards shall be made in accordance with the procedures outlined in 222-subrules 2.3(29) to 2.3(33). The grant award allocated to the applicant in year one of the funding cycle shall be maintained during year two except in the case of a significant shift in the arts division's annual state or federal appropriations.

222-6.13(303) Notification. Notification of operational support grants shall be made annually in accordance with procedures as outlined in 222-subrule 2.3(3).

222-6.14(303) Contract. A contract shall be issued annually to recipients of operational support grants as outlined in 222-subrule 2.3(14).

222-6.15(303) Reporting. All recipients shall submit a final report in year two of the funding cycle in accordance with procedures outlined in 222-subrules 2.3(28) and 2.3(29).

lAC 9/23/98 Arts Division(222] Ch 6, p.3

222-6.16(303) Appeals. Applicants who were denied funding in the operational support grant program may file an appeal using procedures outlined in 222-subrules 2.3(32) and 2.3(33).

These rules are intended to implement Iowa Code section 303.88. [Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91]


CHAPTER? ARTS TO GO ARTIST ROSTER

Rescinded lAB 9n.J/98, effective 10/28198

CHAPTERS ARTS TO GO PRESENTER PROGRAM

Rescinded lAB 9n.J/98, effective 10/28/98

CHAPTER9 IOWA SCHOLARSHIP FOR THE ARTS

Rescinded lAB 9/14194, effective 10/19194

CHAPTER10 YOUTH ARTS OPPORTUNITIES RESIDENCY PROGRAM


CHAPTER 11 ARTISTS IN SCHOOLS/COMMUNITIES RESIDENCY ROSTER

Rescinded lAB 9n.JI98. effective 10/28/98

CHAPTER12 ARTISTS IN SCHOOLS/COMMUNITIES RESIDENCY PROGRAM

Rescinded lAB 9n.J/98, effective 10128198

CHAPTER13 AREA EDUCATION AGENCIES


CHAPTER14 PROFESSIONAL DEVELOPMENT RESIDENCY PROGRAM

Rescinded JAB 9n.J/98, effective 10/28198


('l ·.....__,

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CHAPTER18 ARTIST DIRECTORY

Ch 18, p.1

222-18.1(303) Artist directory. The artist directory is a resource that arts professionals, organizations, and the public may use to identify Iowa artists. The directory is designed to help promote the work of Iowa artists, recognize the significant contributions Iowa artists make to the cultural heritage of Iowa, and foster a better understanding of the work produced by Iowa artists.

222-18.2(303) Definitions. The definitions listed in Iowa Code section 17 A.2 and 222-Chapter 1 shall apply for terms as they are used throughout this chapter. In addition, the following definitions shall apply:

"Artist group or company" means an organized group of artists who regularly work together. "Arts educator" means an artist who teaches the arts in grades kindergarten through 12 or at col

leges or universities. "Individual artist" means an artist who primarily works independently and not regularly with an

artist group or company.

222-18.3(303) Eligibility. An applicant shall be, at the time of registration, 18 years of age or older, be a legal resident of the state oflowa, and shall not be a student in the discipline in which the student registers.

222-18.4(303) Registration procedures. All registrations shall be submitted on official forms provided by the arts division.

18.4(1) Deadlines. Registration forms may be submitted to the arts division office at any time during normal office hours.

18.4(2) Resource materials. In addition to the registration form, registrants have the option of providing the following materials:

a. One registrant resume on one sheet of 81hn x 11" white paper. b. Exactly five 35mm slides of work that has been created, produced, presented, or proposed by

the registrant. c. One copy of each video or audio cassette tape, compact disc, or publication submitted repre

senting work that has been created, produced, presented, published, or proposed by the registrant. d. Resource material descriptions. Registrants shall describe all materials on forms provided by

the arts division.

222-18.5(303) Return of material. Materials removed from the resource shall be archived and shall not be returned to registrant.

222-18.6(303) Registrant requirements. Registrants shall be required to notify the arts division of any changes in the computer data of the artist directory, and verify or update computer data when requested. Registrants not responding within 90 days after an update notice has been mailed shall have their materials removed from the resource and archived.

222-18. 7(303) Fees to be included in artist directory. All fees related to the artist directory shall be published in the registration materials. Registrants shall be informed of any proposed fees the arts division may charge registrants at least 90 days prior to the date the fees are imposed in order to allow the registrant time to be removed from the resource.


222-18.8(303) Appeals. Registrants denied inclusion in the Iowa artist directory may appeal the ~ decision in accordance with procedures as outlined in 222-subrule 2.3( 43).

These rules are intended to implement Iowa Code section 303.88. (Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91]

[Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 6/28/95, Notice 3/15/95-published 7/19/95, effective 8/23/95] [Filed 9/2/98, Notice 7/29/98-published 9123/98, effective 10/28/98]

CHAPTER19 IOWA TOWN SQUARES PROGRAM

Rescinded lAB 9/14194, effective 10/19/94

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CHAPTER20 ARTSAFE PROGRAM

Ch 20, p.1

222-20.1(304A) Artsafe. The artsafe program implements Iowa Code sections304A21 to304A.29 authorizing the arts division to provide state oflowa indemnification to eligible nonprofit Iowa organizations against loss or damage during the exchange, transportation, or exhibition of eligible art and artifacts.

222-20.2(304A) Definitions. The definitions of terms listed in Iowa Code sections 17 A2 and 304A.21 and 222-Chapter 1 shall apply for these terms as they are used throughout this chapter. In addition, the following definitions shall apply:

"Board of regents" means the Iowa board of regents. "Indemnity agreement" means an agreement authorized by Iowa Code section 304A22.

222-20.3(304A) Program administration. The program shall be administered by the arts division in cooperation with the department of general services.

222-20.4(304A) Organizational eligibility. Eligible organizations shall be those as outlined in 222-subrules 2.3(1) to 2.3(9).

222-20.5(304A) Item eligibility. The following items shall be eligible for inclusion in an indemnity agreement by an eligible applicant if they are of educational, cultural, artistic, historic, or scientific significance and constitute a portion of a special exhibition having an estimated total fair market value of at least $250,000:

20.5(1) Works of art, including tapestries, paintings, sculptures, folk art, graphics, and craft art. 20.5(2) Manuscripts, rare documents, books, and other printed or published material. 20.5(3) Photographs, motion pictures, videotapes, and audiotapes. 20.5(4) Other artifacts.

222-20.6(304A) Eligibility restrictions. Items which are covered under the U.S. Art and Artifacts Indemnity Act shall not be eligible for coverage under the artsafe program.

222-20. 7(304A) Coverage limitations. Coverage of this program shall be limited to the following: 20. 7(1) The time an object leaves the premises of the lender or place designated in writing by the

lender until the time such object is returned to the place designated in writing by the lender. 20.7(2) The state shall provide indemnity coverage for up to 12 consecutive months. The state

may indemnify items which travel to several sites, all within the state. 20.7(3) Coverage is extended only to the loss or damage in excess of the first $2,000 but not ex

ceeding $5,000,000 in connection with any single exhibition or for any one location.

222-20.8(304A) Application procedures. Applications shall be submitted on official artsafe program forms obtained from the arts division.

222-20.9(304A) Deadlines. The application deadline shall be the first Monday of February, July and October of each year.

Ch20, p.2 Arts Division(222] IAC9/23/98

222-20.10(304A) Review criteria. The following review criteria shall be used in reviewing artsafe program applications:

20.10(1) Physical security of exhibition facilities. 20.10(2) Safety of items during transit. 20.10(3) Experience and qualifications of personnel connected with the exhibit. 20.10(4) Eligibility of the applicant's exhibition facilities for commercial insurance coverage of art

objects and artifacts exhibited there. 20.10(5) Availability of proper equipment to protect art objects and artifacts from damage from

extremes of temperature or humidity or exposure to glare, sun, dust, or corrosion. 20.10(6) Record of damage or loss to art or artifacts in the care of participating organizations. 20.10(7) Eligibility of items in the exhibition. 20.10(8) Value of the exhibition and indemnified objects. 20.1 0(9) Accuracy of the assigned value for items in the application. If the stated value of an object

to be indemnified is questioned, the administrator may order an appraisal by an independent appraiser at the expense of the applicant.

222-20.11(304A) Review process. Review procedures as outlined in 222-subrules 2.2(3), 2.2( 4) and 2.3(1) to 2.3(15) shall be used for the artsafe program. In addition, the administrator, in consultation with the department of general services, shall consult with an advisory panel in reviewing the qualifications of the applicant, items, and value of the items in the exhibit. Panel recommendations shall be reviewed by the council and the department of general services. Final decisions are made by the administrator, after approval of the council and the department of general services.

222-20.12(304A) Indemnity notification. Notification shall be made in accordance with procedures as outlined in 222-subrule 2.3(3).

222-20.13(304A) Indemnity agreement. Recipients of artsafe funds shall sign an indemnity agreement agreeing to all conditions specified in the legislation, program guidelines and administrative rules. The recipients shall notify the arts division by telephone and in writing within 24 hours of any changes in the approved application form.

222-20.14(304A) Notification of claim. Applicants shall use the following procedures when notifying the arts division of a claim:

20.14(1) The applicant shall notify the arts division within 24 hours from when the applicant has knowledge of loss or damage to an indemnified item. Any delay in notifying the arts division may reduce the recovery under the agreement to the extent that such delay has contributed to the increase of the loss.

20.14(2) The applicant shall report the following information when reporting any loss or damage: '-...,) a. Applicant name and address, project director or curator, title of the exhibition and title of ob-

ject, type and description of loss or damage, date and time when loss or damage occurred, location where loss or damage occurred, and action applicant has taken to prevent further loss or damage;

b. The applicant is required to take all action necessary to protect the indemnified object or objects from further loss or damage after the initial loss or damage has occurred.

222-20.15(304A) Final report. All indemnity recipients shall submit a final report in accordance with procedures as outlined in 222-subrule 2.3(28).


~ 222-20.16(304A) Submission of claims. Claims shall be submitted no later than 30 days after the closing date of the agreement. Claims shall be sent to the Director, Department of General Services, Capitol Complex, Des Moines, Iowa 50319. The following procedures shall be used regarding claims:

20.16(1) All claims shall be reviewed by the department of general services. If the department of general services determines that the loss is covered by the agreement, the department of general services shall certify the validity of the claim and authorize payment, less any deductible portion, to the lender.

20.16(2) The department of general services may obtain expert advice from outside sources in order to properly review and, if necessary, adjust any claim submitted to the department of general services.

20.16(3) The department of general services shall, in all cases, consult the administrator before making final decisions on the disposition of any claim.

20.16(4) The value of any indemnified object or objects which is subject to any claim procedures '...._; shall not be assessed a greater value than stated in the approved application. If the value of the object or

objects in the approved application is higher than the current fair market value, the payment under this indemnification shall be based upon the lower fair market value of the object or objects.

\..,)

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v

These rules are intended to implement Iowa Code sections 304A.21 to 304A.30. [Filed 8/30/91, Notice 6/26/91-published 9/18/91, effective 10/9/91] [Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 9/2/98, Notice 7/29/98---published 9/23/98, effective 10/28/98]

CHAPTER21 ARTIST PROJECf GRANT PROGRAM

Rescinded lAB 9/23198, effective: 1012&98

CHAPTER22 AKnSTMllflGRANTPROGRAM

Rescinded lAB 7119/95, effective: 8/23/95

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lAC 9/14/94,9/23/98 Arts Division[222] Ch 23, p.1

CHAPTER23 AKI' IN STATE BUILDINGS PROGRAM

222-23.1(304A) Art in state buildings program (AISB). The AISB program implements Iowa Code sections 304A.8 to 304A.14 requiring state agencies and departments to reserve one-half of 1 percent of the total cost of state construction projects for the acquisition of fine arts in state buildings.

222-23.2(304A) Definitions. The definitions of terms listed in Iowa Code sections 17 A2 and 304A8 to 304A.14 and 222-Chapter 1 shall apply for these terms as they are used throughout this chapter. In addition, the following definitions shall apply:

"AJSB" means the art in state buildings program. "Artist" means an individual applying to the AISB program for consideration of fine artwork for

purchase or commission. "Board of regents" means the Iowa board of regents. "Program advisory committee" means members of an advisory committee appointed by the admin

istrator. "Project" means a construction or renovation project. "Project advisory committee" means the members of an advisory committee appointed by the prin

cipal user. "Site" means an actual building(s) under construction or renovation. "Slide ban/C' means a resource of the arts division containing visual and printed materials on artists

working in the following disciplines: visual arts, design arts, crafts, folk arts/traditional, photography, interdisciplinary, collaborations, multidisciplinary.

222-23.3(304A) Administration. The AISB program shall be administered by the following: 23.3(1) Arts division. The AISB program is administered by the arts division in consultation with

state agencies and departments which review state construction projects governed by Iowa Code sections 304A8 to 304A.14.

23.3(2) Board of regents. Board of regents projects shall be administered by the board of regents which shall plan and implement projects in consultation with the arts division.

222-23.4(304A) Advisory committees. Advisory committees shall be formed to provide advice and counsel to the arts division and principal users. Advisory committees shall include the following:

23.4(1) AISB program advisory committee. The AISB program advisory committee shall be appointed by the administrator to advise the arts division and other state agencies on the overall operation of the AISB program. The committee shall meet at the discretion of the administrator. Committee members shall include representatives of the departments of general services, human services, natural

~ resources and transportation, the board of regents, the Iowa legislature, Iowa museum association, Iowa chapter of the American institute of architects, professional artists, public arts and design arts professionals and private citizens.

23.4(2) AISB project advisory committee. The administrator, in consultation with the principal user, shall appoint an AISB project advisory committee for each AISB project who shall be charged with the responsibility of determining the type of purchase program appropriate for the building and budget, method of selecting the artist or artwork, plaeement of the artwork in the building, and selection of artwork to purchase or selection of the artist for commission. The AISB project advisory committee shall act only as an advisor with final decisions made by the state agency, in consultation with the arts division.

23.4(3) Board of regents AISB project advisory committees shall be appointed by the board of regents.

Ch 23, p.2 Arts Division[222] lAC 7/19/95, 9/23/98

222-23.5(304A) Eligibility. The following shall be eligible to participate in the AISB program: 23.5(1) State agencies, departments and the board of regents. The AISB program shall apply only

to constructed or substantially renovated state-owned buildings, regardless of the method of finance. 23.5(2) Artists, 18 years of age or older, are eligible to be considered for AISB projects with the

following exceptions: a. Project architect or planner or employees of the architect's or planner's firm, b. Independent contractors or consultants of the architect's or planner's firm, c. AISB program or project advisory committee members, d. Arts division staff, e. Council members, f. Others excluded by policies or state law.

222-23.6(304A) Application. The following application procedures shall be used: 23.6(1) State agencies, departments and the board of regents. State agencies and departments and

the board of regents shall contact the arts division at the time of engaging an architect or planner to develop plans and specifications.

23.6(2) Artists. Application procedures shall be developed by each project advisory committee and vary with each project. The arts division encourages AISB project advisory committees to use the artist directory and library as outlined in 222-Chapter 18 to facilitate application to AISB projects.

222-23. 7(304A) Artist selection process. Whenever possible, project advisory committees shall use a competitive process to select artists, artwork and designs. Project advisory committees may use, but not be limited to, the following selection processes:

23. 7(1) Open competition. An open competition shall be open to all artists meeting eligibility requirements as determined by the AISB project advisory committee. A minimum of two artists shall be considered by the AISB project advisory committee.

23.7(2) Limited competition. A limited competition shall be open to artists invited by the project advisory committee. A minimum of two artists shall be considered by the AISB project advisory committee.

23. 7(3) Public art consultant. When deemed in the interests of the state, AISB selection committees may contract with a qualified public arts consultant to provide the committee advice and counsel in planning projects and selecting artists and fine arts for state buildings.

222-23.8(304A) Artist review criteria. AISB project advisory committees shall adopt review criteria for each project. Review criteria may include, but not be limited to, the following:

23.8(1) Excellence of the artist's past work. 23.8(2) Record of the artist's professional activity and achievement. 23.8(3) Appropriateness of the artist's work for the project. 23.8(4) Excellence and innovation of the work or proposed design as it relates to the site and the

project's philosophy, goals and objectives. 23.8(5) The artist's ability to successfully complete the project as proposed with funds allocated

for the project. 23.8(6) Completeness of the proposed budget. 23.8(7) Conservation and maintenance requirements.

222-23.9(304A) Reporting. AISB projects shall require the following reports: 23.9(1) Project advisory committees shall write official minutes of all meetings and submit a copy

to the arts division.


\.,.) 23.9(2) The principal user shall document each project and each work acquired through the AISB program by providing the arts division the following documentation:

a. A completed project history form provided by the arts division documenting each project and each work,

b. One original reproduction-quality color 35mm slide, c. One reproduction quality 8-inch by 10-inch glossy black and white photographic print. These rules are intended to implement Iowa Code sections 304A.8 to 304A.14.


CHAPTER24 ARTISTLOCATORPROGRAM

Rescinded lAB 9123/98, effective 10/28/98

CHAPTER25 OPERATIONAL SUPPORT GRANTS FOR MIDSIZE ARTS ORGANIZATIONS

R\.'SCindcd lAB 9123/98, effective 10/28/98

CHAPTER26 RURAL ARTS INITIATIVES PROGRAM

Rescinded lAB 9/14/94, effective 10/19194

CHAPTER27 FOLK ARTS COMMUNITY RESIDENCIES

Rescinded lAB 9/14/94, effective 10/19/94

CHAPTER28 GOVERNOR'S NEW WORKS COMMISSION

Rescinded lAB 9/14194, effective 10/19194

CHAPTER29 OUTSTANDING ACHIEVEMENT AWARDS

R\.'SCindcd lAB 9/14/94, effective 10/19/94

CHAPTER30 ARTS EDUCATION MINIGRANTS FOR ORGANIZATIONS

Rescinded lAB 7/19/95, effective 8/23/95

rl ' ....... __

. ~.

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lAC 9/23/98 Labor Services£347] Ch 10, p.5

'-..~ 51 Fed. Reg. 24701 (June 10, 1992)

57 Fed. Reg. 27160 (June 18, 1992)

57 Fed. Reg. 29204 (July 1, 1992)

57 Fed. Reg. 29206 (July 1, 1992)

57 Fed. Reg. 35666 (August10, 1992)

57 Fed. Reg. 42388 (September 14, 1992)

58 Fed. Reg. 4549 (January 14, 1993)

58 Fed. Reg. 15089 (March 19, 1993)

58 Fed. Reg. 16496 (March 29, 1993)

\....) 58 Fed. Reg. 21778 (April 23, 1993)

58 Fed. Reg. 34845 (June 29, 1993)

58 Fed. Reg. 35308 (June 30, 1993)

58 Fed. Reg. 35340 (June 30, 1993)

58 Fed. Reg. 40191 (July 27, 1993)

59 Fed. Reg. 4435 (January 31, 1994)

59 Fed. Reg. 6169 (February 9, 1994)

59 Fed. Reg. 16360 (April6, 1994)

59 Fed. Reg. 26115 (May 19, 1994)

\._,) 59 Fed. Reg. 33661 (June 30, 1994)

\.,_)

v

59 Fed. Reg. 33910 (July 1, 1994)

59 Fed. Reg. 36699 (July 19, 1994)

59 Fed. Reg. 40729 (August 9, 1994)

59 Fed. Reg. 41057 (August 10, 1994)

59 Fed. Reg. 43270 (August 22, 1994)

59 Fed. Reg. 51741 (October 12, 1994)

59 Fed. Reg. 65948 (December 22, 1994)

60 Fed. Reg. 9624 (February 21, 1995)

60 Fed. Reg. 11194 (March 1, 1995)

60 Fed. Reg. 33344 (June 28, 1995)

60 Fed. Reg. 33984 (June 29, 1995)


60 Fed. Reg. 52859 (October 11, 1995)

61 Fed. Reg. 5508 (February 13, 1996)

61 Fed. Reg. 9230 (March 7, 1996)

61 Fed. Reg. 9583 (March 8, 1996)

61 Fed. Reg. 19548 (May 2, 1996)

61 Fed. Reg. 21228 (May 9, 1996)

61 Fed. Reg. 31430 (June 20, 1996)

61 Fed. Reg. 43456 (August 23, 1996)

61 Fed. Reg. 56831 (November 4, 1996)

62 Fed. Reg. 1600 (January 10, 1997)

62 Fed. Reg. 29668 (June 2, 1997)

62 Fed. Reg. 40195 (July 25, 1997)

62 Fed. Reg. 42018 (August 4, 1997)

62 Fed. Reg. 42666 (August 8, 1997)

62 Fed. Reg. 43581 (August 14, 1997)


62 Fed. Reg. 54383 (October 20, 1997)

62 Fed. Reg. 65203 (December 11, 1997)

62 Fed. Reg. 66276 (December 18, 1997)

63 Fed. Reg. 1269 (January 8, 1998)

63 Fed. Reg. 13339 (March 19, 1998)

63 Fed. Reg. 17093 (April 8, 1998)

63 Fed. Reg. 20098 (April23, 1998)

Ch 10, p.6 Labor Services[347] lAC 4/23/97

This rule is intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5. [Filed 7/13172; amended 8/29172, 12/1/72, 8/16/73, 10/11/73, 3/18/74, 6/12/74, 12/3174, 3/13175]

[Filed 2/20/76, Notice 12/29175-published 3/8176, effective 4/15/76] [Filed 6/21/76, Notice 5117176-published 7/12/76, effective 8/20176]

[Filed 4/13/77, Notice 3/9177-published 5/4/77, effective 6/9177] [Filed emergency 10/13177-published 11/2/77, effective 10/13177]

[Filed 11/3178, Notice 9/20178-published 11/29178, effective 1/10179] [Filed emergency 2/2179-published 2/21/79, effective 2/2179]

[Filed 8/1/80, Notice 6/25/80-published 8/20/80, effective 9/25/80] [Filed emergency 6/15/81-published 7/8/81, effective 6/15/81]

[Filed 8/12/81, Notice 7/8/81-published 9/2/81, effective 10/9/811 [Filed 4/22/83, Notice 3/16/83-published 5/11/83, effective 6/15/83] [Filed 5/20/83, Notice 4/13/83-published 6/8/83, effective 7/15/83]

[Filed emergency after Notice 7/1183, Notice 3/16/83-published 7/20/83, effective 7/1/83] [Filed 7/12/84, Notice 3/14/84-published 8/1/84, effective 9/5/84]

[Filed emergency 5/8/85-published 6/5/85, effective 5/8/85] [Filed 9/5/85, Notice 5/8/85-published 9/25/85, effective 10/30/85)

[Filed 12/30/85, Notice 10/23/85-published 1/15/86, effective 2/19/86] [Filed 3/21/86, Notice 12/18/85-published 4/9/86, effective 5/25/86]

[Filed emergency 6/27/86-published 7/16/86, effective 7/21/86] [Filed 6/27/86, Notice 3/26/86-published 7/16/86, effective 8/20/86]

[Filed emergency 9/5/86-published 9/24/86, effective 9/24/86] [Filed emergency 10/1/86-published 10/22/86, effective 10/1/86]

[Filed 10/1/86, Notice 7/16/86-published 10/22/86, effective 11/26/86] [Filed emergency 4/17/87-publ ished 5/6/87, effective 4/17/87]



[Filed emergency 6/15/87-published 7/1/87, effective 6/15/87] [Filed 8/6/87, Notice 5/6/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 5/20/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 6/3/87-published 8/26/87, effective 9/30/87] [Filed 8/6/87, Notice 7/1187-published 8/26/87, effective 9/30/87]


[Filed 8/30/88, Notice 6/15/88-published 9/21/88, effective 11/1/881 [Filed 3/17/89, Notices 9/21/88, 10/5/88, 10/19/88-published 4/5/89, effective 5/10/89]


[Filed 10/26/89, Notice 9/6/89-published 11/15/89, effective 12/20/891 [Filed 1/19/90, Notice 11/15/89-published 217/90, effective 3/14/90]

[Filed 3/16/90, Notice 217/90-published 4/4/90, effective 5/9/90] [Filed 6/8/90, Notice 4/4/90-published 6/27/90, effective 8/1/90)

[Filed 11/9/90, Notice 6/27/90-published 11/28/90, effective 1/2/911 [Filed 2/15/91, Notice 11/28/90-published 3/6/~1, effective 4/10/911 [Filed 4/23/91, Notice 3/6/91-published 5/15/91, effective 6/19/91]

[Filed 6/28/91, Notice 5/15/91-published 7/24/91, effective 8/28/91] [Filed 9/27/91, Notice 7/24/91-published 10/16/91, effective 11/20/91] [Filed 12/20/91, Notice 10/30/91-published 1/8/92, effective 2/12/92)

[Filed emergency 2/12/92 after Notice 1/8/92-published 3/4/92, effective 3/4/92] [Filed emergency 5/6/92 after Notice 4/1/92-published 5/27/92, effective 5/27/92]

lAC 9/23/98 Labor Services£34 7] Ch 10, p.7

\._I

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v

[Filed emergency 7/17/92-published 8/5/92, effective 8/5/92] [Filed emergency 7/29/92 after Notice 6/24/92-published 8/19/92, effective 8/19/92)




[Filed emergency 7/29/93 after Notice 5/26/93-published 8/18/93, effective 8/18/93] [Filed emergency 9/22/93 after Notice 8/18/93-published 10/13/93, effective 10/13/93] [Filed emergency 1017/93 after Notice 9!1/93-published 10/27/93, effective 10/27/93] [Filed emergency 4/21/94 after Notice 3/16/94-published 5/11/94, effective 5/11/94)


[Filed emergency 9/9/94 after Notice 8/3/94-published 9/28/94, effective 9/28/94] [Filed emergency 9/23/94 after Notice 8/17/94-published 10/12/94, effective 10/12/94] [Filed emergency 10/21/94 after Notice 9/14/94-published 11/9/94, effective 11/9/94]

[Filed emergency 11/2/94 after Notice 9/28/94-published 11/23/94, effective 11/23/94] [Filed emergency 1/4/95 after Notice 11/9/94--published 2/1/95, effective 2/1195)

[Filed emergency 4/21/95 after Notice 3!15/95-published 5/10/95, effective 5/10/95] [Filed emergency 7/14/95 after Notice 5/10/95-published 8/2/95, effective 8/2/95]


[Filed emergency 1/26/96 after Notice 12/20/95-published 2/14/96, effective 2/14/96] [Filed emergency 7/12/96 after Notice 5/22/96--published 7/31/96, effective 7/31/96)

[Filed emergency 10/3/96 after Notice 7/31/96-published 10/23/96, effective 10/23/96) [Filed emergency 11/27/96 after Notice 10/23/96-published 12/18/96, effective 12/18/96)

[Filed emergency 217/97 after Notice 12/18/96-published 2/26/97, effective 2/26/97) [Filed emergency 4/4/97 after Notice 2/26/97-published 4/23/97, effective 4/23/97]

[Filed emergency 12/11/97 after Notice 10/22/97-published 12/31197, effective 12/31/97] [Filed emergency 3/19/98 after Notice 2/11/98-published 4/8/98, effective 4/8/98]

[Filed emergency 9/4/98 after Notice 7/29/98-published 9/23/98, effective 9/23/98]

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lAC 12/18/96, 4/23/97 Labor Services[347] Ch 26, p.l


CHAPTER26 CONSTRUCTION SAFETY AND HEALTH RULES

I Prior to 9/24/86, Labor, Bureau of f5301J

347-26.1(88) Adoption by reference. Rules 1926.16-1926.1060, as adopted by the United States Secretary of Labor, shall be rules for implementing Iowa Code chapter 88. This rule adopts Federal Safety and Health Regulations for Construction of29 CFR, Chapter XVII, Part 1926 as published at 37 Fed. Reg. 27503-27600 (December 16, 1972). These federal rules shall apply and be interpreted to apply to the Iowa Occupational Safety and Health Act, Iowa Code chapter 88, not the Contract Work

\....,) Hours and Safety Standards Act, and shall apply and be interpreted to apply to enforcement by the Iowa commissioner of labor, not the United States Secretary of Labor or the Federal Occupational Safety and Health Administration. The amendments to 29 CFR 1926 are adopted as published at:

38 Fed. Reg. 16856 (June 27, 1973)

38 Fed. Reg. 27594 (October 5, 1973)

38 Fed. Reg. 33397 (December 4, 1973)

39 Fed. Reg. 19470 (June 3, 1974)

39 Fed. Reg. 24361 (July 2, 1974)

40 Fed. Reg. 23072 (May 28, 1975)

\...) 41 Fed. Reg. 55703 (December 21, 1976)

42 Fed. Reg. 2956 (January 14, 1977)

42 Fed. Reg. 37668 (July 22, 1977)

43 Fed. Reg. 56894 (December 5, 1978)

45 Fed. Reg. 75626 (November 14, 1980)

51 Fed. Reg. 22733 (June 20, 1986)

51 Fed. Reg. 25318 (July 11, 1986)

52 Fed. Reg. 17753 (May 12, 1987)


~ 52 Fed. Reg. 46291 (December 4, 1987)

53 Fed. Reg. 22643 (June 16, 1988)

53 Fed. Reg. 27346 (July 20, 1988)

53 Fed. Reg. 29139 (August 2, 1988)





54 Fed. Reg. 15405 (Aprill8, 1989)

V 54 Fed. Reg. 23850 (June 2, 1989)

54 Fed. Reg. 30705 (July 21, 1989)

54 Fed. Reg. 41088 (October 5, 1989)

54 Fed. Reg. 45894 (October 31, 1989)

54 Fed. Reg. 49279 (November 30, 1989)

54 Fed. Reg. 52024 (December 20, 1989)

54 Fed. Reg. 53055 (December 27, 1989)

55 Fed. Reg. 3732 (February 5, 1990)

55 Fed. Reg. 42328 (October 18, 1990)

55 Fed. Reg. 47687 (November 14, 1990)

55 Fed. Reg. 50687 (December 10, 1990)

56 Fed. Reg. 2585 (January 23, 1991)

56 Fed. Reg. 5061 (February 7, 1991)

56 Fed. Reg. 41794 (August 23, 1991)


57 Fed. Reg. 7878 (March 5, 1992)

57 Fed. Reg. 24330 (June 8, 1992)

57 Fed. Reg. 29119 (June 30, 1992)

57 Fed. Reg. 35681 (August 10, 1992)

57 Fed. Reg. 42452 (September 14, 1992)'

58 Fed. Reg. 21778 (April 23, 1993)

58 Fed. Reg. 26627 (May 4, 1993)

58 Fed. Reg. 35077 (June 30, 1993)

58 Fed. Reg. 35310 (June 30, 1993)

58 Fed. Reg. 40468 (July 28, 1993)

59 Fed. Reg. 215 (January 3, 1994)

59 Fed. Reg. 6170 (February 9, 1994)

59 Fed. Reg. 36699 (July 19, 1994)

Ch 26, p.2 Labor Services£34 7] IAC9/23/98

59 Fed. Reg. 40729 (August 9, 1994)

59 Fed. Reg. 41131 (August 10, 1994)

59 Fed. Reg. 43275 (August 22, 1994)

59 Fed. Reg. 65948 (December 22, 1994)

60 Fed. Reg. 9625 (February 21, 1995)

60 Fed. Reg. 11194 (March 1, 1995)

60 Fed. Reg. 33345 (June 28, 1995)

60 Fed. Reg. 34001 (June 29, 1995)

60 Fed. Reg. 36044 (July 13, 1995)

60 Fed. Reg. 39255 (August 2, 1995)


61 Fed. Reg. 5509 (February 13, 1996)

61 Fed. Reg. 9248 (March 7, 1996)

61 Fed. Reg. 31431 (June 20, 1996)

61 Fed. Reg. 41738 (August 12, 1996)

61 Fed. Reg. 43458 (August 23, 1996)

61 Fed. Reg. 46104 (August 30, 1996)

61 Fed. Reg. 56856 (November 4, 1996)

61 Fed. Reg. 59831 (November 25, 1996)

62 Fed. Reg. 1619 (January 10, 1997)

63 Fed. Reg. 1295 (January 8, 1998)

63 Fed. Reg. 1919 (January 13, 1998)

63 Fed. Reg. 3814 (January 27, 1998)

63 Fed. Reg. 13340 (March 19, 1998)

63 Fed. Reg. 17094 (April 8, 1998)

63 Fed. Reg. 20099 (April23, 1998)

This rule is intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5. [Filed 7/13/72; amended 8/29/72, 8/16/73, 10/11/73, 3/18/74, 12/3/74] [Filed 2/20/76, Notice 12/29/75-published 3/8/76, effective 4/15/76]

[Filed 4/13/77, Notice 3/9177-published 5/4/77, effective 6/9177] [Filed 11/3/78, Notice 9/20/78-published 11/29/78, effective 1/10/79] [Filed 8/1/80, Notice 6/25/80-published 8/20/80, effective 9/25/80] [Filed 8/12/81, Notice 7/8/81-published 9/2/81, effective 10/9/81]

[Filed emergency 9/5/86--published 9/24/86, effective 9/24/86] [Filed emergency 10/1/86--published 10/22/,86, effective 10/1/86]

[Filed 4/17/87, Notice 9/24/86--published 5/6/87, effective 6/10/87] [Filed 4/17/87, Notice 10/22/86--published 5/6/87, effective 6/10/87]

[Filed emergency 6/15/87-published 7/1/87, effective 6/15/87] [Filed 8/6/87, Notice 7/1/87-published 8/26/87, effective 9/30/87] [Filed 7/8/88, Notice 5/18/88-published 7/27/88, effective 9/1/88]

[Filed 3/17/89, Notices 9/21/88, 10/19/88-published 4/5/89, effective 5/10/89] [Filed 8/18/89, Notices 6/14/89, 6/28/89-published 9/6/89, effective 10/11/89)

[Filed 10/26/89, Notice 9/6/89-published 11115/89, effective 12/20/89] [Filed 1/19/90, Notice 11/15/89-published 2/7/90, effective 3/14/90]


[Filed 2/15/91, Notice 11/28/90-published 3/6/91, effective 4/10/91) [Filed 4/23/91, Notice 3/6/91-published 5/15/91, effective 6/19/91]

(Filed 12/20/91, Notice 10/30/91-published 1/8/92, effective 2/12/92] (Filed emergency 2/12/92 after Notice 1/8/92-published 3/4/92, effective 3/4/92) [Filed emergency 5/6/92 after Notice 4/1/92-published 5/27/92, effective 5/27/92)

[Filed emergency 7/17/92-published 8/5/92, effective 8/5/92) [Filed emergency 8/14/92 after Notice 7/8/92-published 9/2/92, effective 9/2/92]


[Filed emergency 12/4/92 after Notice 10/28/92-published 12/23/92, effective 12/23/92]

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lAC 9/23/98 Labor Services[347] Ch 26, p.3

[Filed emergency 7/29/93 after Notices 5/26/93, 6/9/93-published 8/18/93, effective 8/18/93] [Filed emergency 9/22/93 after Notice 8/18/93-published 10/13/93, effective 10/13/93] [Filed emergency 1017/93 after Notice 9/1/93-published 10/27/93, effective 10/27/93] [Filed emergency 4/21/94 after Notice 3/16/94--published 5/11/94, effective 5/11/94]

[Filed emergency 9/23/94 after Notice 8/17/94--published 10/12/94, effective 10/12/94] [Filed emergency 10/21/94 after Notice 9/14/94--published 11/9/94, effective 11/9/94] [Filed emergency 11/2/94 after Notice 9/28/94--published 11/23/94, effective 11/23/94] [Filed emergency 4/21/95 after Notice 3/15/95-published 5/10/95, effective 5/10/95)

[Filed emergency 7/14/95 after Notice 5/10/95-published 8/2/95, effective 8/2/95] [Filed emergency 9/22/95 after Notice 8/16/95-published 10/11/95, effective 10/11/95)

[Filed emergency 12/1/95 after Notice 10/11/95-published 12/20/95, effective 12/20/95] [Filed emergency 1/26/96 after Notice 12/20/95-published 2/14/96, effective 2/14/96] [Filed emergency 7/12/96 after Notice 5/22/96-published 7/31/96, effective 7/31/96]


[Filed emergency 217/97 after Notice 12/18/96-published 2/26/97, effective 2/26/97] [Filed emergency 4/4/97 after Notice 2/26/97-published 4/23/97, effective 4/23/97] [Filed emergency 3/19/98 after Notice 2/11/98-published 4/8/98, effective 4/8/98]


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IAC9/23/98 General Services[401] Analysis, p.3

CHAPTER9 CENTRALIZED PURCHASING

9.1(18) Methods of procurement used by

9.2(18) 9.3(18) 9.4(18)

9.5 9.6(18)

9.7(18) \. ' 9.8 ._.... 9.9(18)

9.10(18) 9.11(18)

central purchasing section Approved vendors Instructions to vendors Opening and processing of the

bidding document Reserved Delivery and acceptance of

commodities How to initiate payment Reserved Vendor appeals Procedure for vendor appeal Review of proposed decision

CHAPTER10 INVENTORY GUIDEUNES FOR STATE OF IOWA PERSONAL AND REAL PROPERTY

10.1(7A) Purpose 10.2(7A) Definitions 10.3(7A) Accounting for items in

10.4(7A) 10.5(7A)

\.._) 10.6(7A) 10.7(7A)

aggregate Physical inventory Inventory identification Inventory listing Capital leases

CHAPTER 11 STATE EMPLOYEE DRIVING GUIDEUNES 11.1(18) Purpose 11.2(18) Definitions 11.3(18) Exceptions 11.4(18) Type of accident 11.5(18) Valid driver,s license required 11.6(18) Required reporting 11.7(18) Mandatory training 11.8(18) Access to driving records 11.9(18) Corrective actions 11.10(18) Reconsideration of suspension 11.11(18) Probationary drivers

CHAPTERS 12 and 13 Reserved

CHAPTER14 ORGANIZATION AND OPERATION

14.1(18) 14.2(18) 14.3(18) 14.4(18) 14.5(18)

14.6(18)

OF TERRACE HILL Definitions Mission statement Terrace Hill commission Gif~,beques~,endowmen~ Public and private grants and

donations Sale of mementos

14.7(18) 14.8(18)

Facilities management Tours

CHAPTER 15 Reserved

CHAPTER 16 TERRACE IDLL ENDOWMENT FOR THE

MUSICAL ARTS 16.1(18) 16.2(18) 16.3(18) 16.4(18) 16.5(18)

Structure Scholarship established Application Funding Selection criteria and judging

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IAC9/23/98 General Services[ 401]

CHAPTER10 INVENTORY GUIDEUNES FOR STATE OF IOWA

PERSONAL AND REAL PROPERTY

Ch 10, p.1

401-10.1 (7 A) Purpose. The department of general services is responsible for establishing inventory guidelines for personal and real property owned by state departments. Beginning July 1, 1998, the accompanying rules are the minimum universal guidelines for personal property. Each state department may implement more restrictive guidelines to enhance accountability for physical assets.

401-10.2(7 A) Definitions. 10.2(1) Personal property. For purposes of this chapter, personal property is any item or equip

ment that has an acquisition value of $2000 or more and has an anticipated useful life of one year or more. Computer software is to be excluded from this definition.

10.2(2) Accounting in aggregate. Accounting in aggregate is the process of accounting for certain types of items in a lump sum rather than individually. Items accounted for in aggregate are added for the combined value with one entry to the fixed asset listing. Items that may be accounted for in aggregate are defined below:

a. One item that is made up of two or more component parts, or b. Two or more like items whose individual values are less than $2000, but combined value is

$2000 or more, or c. Two or more like items whose individual values are $2000 or greater, if the item does not fall

under paragraph "a" above and it is not physically feasible to account for the items individually. 10.2(3) Acquisition value-cost or estimated cost. Cost or estimated cost may include freight,

installation expense and administrative expense, if readily known and available. If cost is unknown and cannot be estimated, acquisition value is the fair market value. For donated items, acquisition value is the fair market value at date of donation.

10.2(4) Department. A department is any state agency or institution as identified in Iowa Code section 7 A.30.

401-10.3(7A) Accounting for items in aggregate. Personal property may be accounted for in aggregate. Items accounted for in aggregate shall be tagged as follows:

1. If accounting in aggregate as defined in 10.2(2)"a" or 10.2(2)"c," one item or component of the item shall be tagged with a prenumbered tag and all other items or components marked with an unnumbered tag or other identifiable markings.

2. If accounting in aggregate as defined in 10.2(2)"b" or 10.2(2)"c," one item or component of the group may be tagged with a prenumbered tag and all other items or components marked with an

\.,..) unnumbered tag or other identifiable markings, or all components may be marked with an unnumbered tag or other identifiable markings.

To ensure proper accountability for these items, each department will prepare written policies and procedures for tracking and recording items accounted for in aggregate.

401-10.4(7A) Physical inventory. A physical inventory of personal property must be taken and the results reconciled with property records at least once every two years.

401-10.5(7A) Inventory identification. If feasible, all inventoried personal property should be identified as state of Iowa property with a prenumbered decal or the appropriate bar code tag or other identifiable mark.

Ch 10, p.2 General Services[401] lAC 9/23/98

401-10.6(7A) Inventory listing. Personal property should be accounted for on an inventory listing. As applicable, the following minimum information must be presented on the inventory listing for each record of personal property:

1. Department. 2. Tag number. 3. Description. 4. Acquisition value. 5. Location(s). 6. Acquisition date. 7. Disposition date (not applicable until disposal of property). 8. If the department depreciates personal property, the information will also include the depreci

ation method used, life expectancy and net book value. Departments shall develop adequate internal control procedures that (1) identify individual(s) au

thorized to update and change the inventory records and (2) provide for an adequate segregation of duties between the recording and custody of property.

401-10.7(7A) Capital leases. Property acquired under capital lease provisions shall be accounted for on the inventory listing at the inception of the lease.

These rules are intended to implement Iowa Code section 7 A.30. [Filed 10/21/94, Notice 8/31/94-published 11/9/94, effective 12/14/94) [Filed 8/25/95, Notice 6/21/95-published 9/13/95, effective 10/18/95]

[Filed 9/4/98 emergency after Notice 4/22/98-published 9/23/98, effective 9/4/98)

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lAC 9/23/98 Human Services[441] Ch 25, p.1

CHAPTER25 DISABILITY SERVICES MANAGEMENT

PREAMBLE

This chapter provides for reporting of county expenditures, development and submission of management plans, data collection, and applications for funding as they relate to county service systems for people with mental illness, chronic mental illness, mental retardation, developmental disabilities, or brain injury.

DIVISION I DETERMINATION OF STATE PAYMENT AMOUNT

PREAMBLE

These rules list the eligibility conditions for receipt of the state payment, set the guidelines for content, due dates, and methodology for reporting county expenditures, and provide for the compilation of an annual state payment report by the department.

441-25.1 (331) Definitions. "Base year" means fiscal year 1994. "Director" means the director of the department of human services. "Persons with brain injury" means persons who meet the definition stated in rule

441-22.1(225C). "Persons with chronic mental illness" means persons who meet the definition stated in rule

441-24.1(225C). "Persons with developmental disability" means persons who meet the definition stated in rule

441-24.1(225C). "Persons with mental illness" means persons who meet the definition stated in rule

441-22.1(225C). "Persons with mental retardation" means persons who meet the definition stated in rule

441-24.1(225C).

441-25.2(331) Eligibility conditions. To be eligible to receive the state payment calculated according to rule 441-25.4(331 ), a county must meet all of the following conditions:

25.2(1) Completion of expenditure reports. The county accurately reported by December 1 the county's expenditures for the previous fiscal year according to rule 441-25.3(331).

25.2(2) Single entry point process. The county has implemented a single entry point process. 25.2(3) County management plan. The county has developed and implemented an approved

county management plan for serving persons with mental illness, chronic mental illness, mental retardation, developmental disabilities, and brain injury.

441-25.3(331) County expenditure reports. The initial expenditure report and net county expenditure report shall be submitted to the Division of Mental Health and Developmental Disabilities, Hoover State Office Building, Des Moines, Iowa 50319-0114.

Ch 25, p.2 Human Services[ 441] lAC 1/31/96, 7/15/98

25.3(1) Expenditure report. Counties shall submit an initial expenditure report consisting of the detail section of the department of management expenditure report for Service Area 4 (Service Area 4, Supporting Detail, Form 634-C, pages 1-8) for each fiscal year. The initial report for the base year and for each subsequent year is due by October 15 and shall contain the expenditures from the previous fiscal year.

25.3(2) Net county expenditure report. Counties shall submit Form 470-3168 (Parts 1, 2, 3, & 4), MH/MR/DD/BI Net County Expenditure Report, for each fiscal year beginning in fiscal year 1994 for all revenues and expenditures related to the provision of services to persons with mental illness, chronic mental illness, mental retardation, developmental disabilities, or brain injury. The net county expenditure report for the base year is due by January 1, 1995. Each subsequent net county expenditure report, beginning with fiscal year 1995, is due on December 1 and shall contain the expenditures and revenues from the previous fiscal year. The report shall contain the following:

a. Part 1 which is the calculation of net county expenditures for the indicated fiscal year. b. Part 2 which converts a county's expenditures to generally accepted accounting principles and

calculates an adjusted amount for the indicated fiscal year. This amount cannot include any expenditures for services which were provided but not reported in the county's base year expenditures or for any expenditures which were not included in the county management plan submitted by the county and approved by the director.

c. Part 3 which converts the information to generally accepted accounting principles and calculates an adjusted amount for the indicated fiscal year.

d. Part 4 which is the detail information on the dollars shown as exclusions or transfers in Parts 2 and 3.

25.3(3) Amendments to base year. If a county does not have the capability to capture specific costs that are chargeable to Service Area 4 but develops the capability at some future date, these costs can be included in the calculations in the following manner. The first full year in which the capability to allocate or charge these costs to Service Area 4 will be the year in which the costs will be used to adjust the ''base" for this county. In subsequent years these costs may be included in the calculation of net county expenditures.

441-25.4(331) State payment calculation report. The department shall compile the net county expenditure reports submitted under rule 441-25.3(331) into an annual state payment report that will indicate the amount of state payment each county is eligible to receive (50 percent of the growth over the base year). This report shall be completed no later than January 31 of the following fiscal year.

These rules are intended to implement Iowa Code sections 331.438 and 331.439.

441-25.5 to 25.10 Reserved.

lAC 1/1/97, 7/15/98 Human Services[ 441] Ch 25, p.17

ENDS Servace end table F N Month/day/four.<figat year Management and • planning data

REASONENDS Reason for terminating F N !=Voluntary withdrawal Management and approval of fifth service 2=Consumer no longer needs planning data

service l=lneligible, over income

guidelines 4=1neligible due to other than

income S=Consumer moved out of

state 6=Consumer deceased

UNITSS Approved units for fifth F N Number of units approved Management and service planning data

RATES Unit rate for fifth service F N Units cost for this service Management and planning data

SVC6COA Approved Service #6 F N Chart of Account Number Management and planning data

BEGIN6 Service begin date F N Month/day/four-digit year Management and planning data

END6 Service end table F N Month/day/four-digit year Management and planning data

REASONEND6 Reason for terminating F N !=Voluntary withdrawal Management and approval of sixth service 2=Consumer no longer needs planning data

service 3=1neligible, over income

guidelines 4=1neligible due to other than

income 5=Consumer moved out of

state 6=Consumer deceased

UNITS6 Approved units for sixth F N Number of units approved Management and service planning data

RATE6 Unit mte for sixth service F N Units cost for this service Management and planning data

SVClWAIT First Service on waiting F N Chart of Account Number Management and Jist planning data

DATEWAITl Date entered on waiting F N Month/day/four-digit year Management and Jist planning data

REASON WAITt Reason for placement on F N l=Service opening not avail- Management and waiting list able planning data

2=For planning purposes 3=For funding purposes

SVC2WAIT Second Service on wait- F N Chart of Account Number Management and ing list planning data

DATEWAIT2 Date entered on waiting F N Month/day/four-digit year Management and Jist planning data

REASONWAIT2 Reason for placement on F N l=Service opening not avail· Management and waiting Jist able planning data


SVC3WAIT Third Service on waiting F N Chart of Account Number Management and list planning data

DATEWAIT3 Date entered on waiting F N Month/day/four-digit year Management and Jist planning data

Ch 25, p.18 Human Services[441] IAC9/23/98

REASONWAIT3 Reason for placement on F N 1 =Service opening not avail- Management and waiting list able planning data t


SVC4WA1T Fourth Service on waiting F N Chart of Account Number Management and list planning data

DATEWAIT4 Date entered on waiting F N Month/day/four-digit year Management and list planning data

REASONWAIT4 Reason for placement on F N 1 =Service opening not avail- Management and waiting list able planning data


SVCSWAIT Fifth Service on waiting F N Chart of Account Number Management and list planning data

DATEWAITS Date entered on waiting F N Month/day/four-digit year Management and list planning data

REASONWAITS Reason for placement on F N ):::Service opening not avail- Management and waiting list able planning data

2=For planning purposes 3:::For funding purposes

SVC6WA1T Sixth Service on waiting F N Chart of Account Number Management and list planning data

DATEWAIT6 Date entered on wailing F N Month/day/four-digit year Management and list planning data

REASONWA1T6 Reason for placement on F N 1 :::Service opening not avail- Management and waiting list able planning data


This rule is intended to implement Iowa Code sections 331.438 and 331.439.

441-25.42 to 25.50 Reserved.

DIVISION IV INCENTIVE AND EFFICIENCY POOL FUNDING

PREAMBLE

These rules establish requirements for counties to receive funding from the incentive and efficiency pool. To be eligible for these funds, a county must select five performance indicators, submit a proposal, collect data, report data, and show improvement over time on the selected performance indicators.

441-25.51(77GA,HF2545) Desired results areas. In order to receive funds from the incentive and efficiency pool established in 1998 Iowa Acts, House File 2545, section 8, subsection 2, each county \,.,/ shall collect and report performance measure data in the following areas:

25.51(1) Equity of access. Each county shall measure the extent to which services are available and used. Each county shall:

a. Report annually the total number of consumers served, as well as an unduplicated total of the number of consumers served by disability category.

b. Calculate and report annually the percentage of service provision by dividing the number of consumers served in a year by the county's population as defined in 1998 Iowa Acts, House File 2545, section 7.

IAC9/23/98 Human Services[ 441] Ch 25, p.19

c. Calculate and report annually the percentage of denial of access by dividing the number of new, completed applications denied by the total number of new applications for service that year. A new, completed application shall be defined as an initial application of a consumer or any former consumer who is reapplying for service eligibility after more than 30 days of not being enrolled in the system, for which the consumer has supplied the information required on the application form.

d. Report annually the county's eligibility guidelines, which may include, but are not limited to, the income level below which an individual or family must be in order to be eligible for county-funded services, the maximum amount of resources which an individual or family may have in order to be eligible for county-funded services, covered populations, and service access criteria.

25.51{2) Community-based supports. Each county shall measure the extent to which communitybased supports are available and used. Each county shall calculate and report annually:

a. The service setting percentage by dividing the unduplicated number of persons served in each of the following service settings in a fiscal year by the total unduplicated number of consumers served, both in total and by population group: mental health institutes, state hospital schools, intermediate care facilities for the mentally retarded, other living arrangements over five beds as captured by the county chart of accounts, and employment settings which include sheltered workshops, enclaves and supported employment.

b. The home-based percentage by subtracting the number of consumers currently being served in residential placements from the total unduplicated number of consumers served, and dividing the difference by the total number of consumers served. The calculation shall be made both in total and by population group.

c. The inpatient spending percentage by dividing the amount the county spent for inpatient services by the amount the county spent for outpatient services. Each county shall also divide the unduplicated number of consumers who received inpatient services during the fiscal year by the total unduplicated number of consumers who received services during that same fiscal year. Inpatient services shall be defined as any acute care for which the county is wholly or partially financially responsible.

25.51(3) Consumer participation. Each county shall measure the extent to which consumers participate in all aspects of the service system.

a. Each county shall report annually on the number of opportunities during the year for consumers to participate in planning activities, which may include, but are not limited to, open forums, focus groups, consumer advisory committee meetings, and planning council meetings by calculating the total number of consumers participating in these activities and dividing by the unduplicated number of consumers served and also by the total population of the county. In addition, the county shall report duplicated and unduplicated total attendance at all of these meetings. These calculations shall be made for consumers and family members separately.

b. Each county which has a planning group shall calculate and report annually the planning group percentage by dividing the number of consumers who actively serve on the planning group by the total number of people on the planning group. This calculation shall be made for consumers and family members separately. For the purposes of this subrule, a planning group is any group of individuals designated by the board of supervisors, or if no designation has been made, any group acknowledged by the central point of coordination administrator as assisting in the development of the county management plan.

c. Each county shall conduct a consumer satisfaction survey following adoption of more detailed rules for the survey.

Ch 25, p.20 Human Services[ 441] IAC9/23/98

25.51(4) Administration. Each county shall measure the extent to which the county services sys- ~ tern is administered efficiently and effectively. Each county shall:

a. Calculate and report annually the administrative cost percentage by dividing the amount spent administering the county services system by the total amount spent from the services fund for the fiscal year.

b. Calculate and report annually the service responsiveness average by measuring the number of days between the date a new, completed application was submitted and the date a notice of decision of eligibility was sent to the consumer, adding all of these numbers of days, and dividing by the total number of new, completed applications for the fiscal year. A new, completed application shall be defined as an initial application of a consumer or an application of any former consumer who is reapplying for service eligibility after more than 30 days of not being enrolled in the system, for which the consumer has supplied the information required on the application form.

c. Report annually the number of appeals filed as a percent of the unduplicated total number of \._,1 consumers served per year.

441-25.52(77GA,HF2545) Methodology for applying for incentive funding. Beginning with the county management plan for the fiscal year which begins July 1, 1999, each county applying for funding under 1998 Iowa Acts, House File 2545, section 8, subsection 2, shall include with its county management plan a performance improvement proposal for improving the county's performance on at least five performance measures. Three of the measures must be selected from at least two of the desired results areas stated in rule 441-25.51(77GA,HF2545). For the remaining two measures, the county either may propose measures not identified in these rules or may use measures described in these rules. A performance improvement proposal is not a mandatory element of a county management plan.

25.52(1) Performance improvement proposal. Each county shall identify the performance mea-sures which the county has targeted for improvement and shall propose a percentage change for each \,./ indicator. The proposal shall include the county's rationale for selecting the indicators and may in-clude any supporting information the county deems necessary. The proposal shall describe the process the county will use to involve consumers in the evaluation.

25.52(2) Committee responsibility. The state county management committee shall review all county proposals, and may either accept the proposal, request modifications, or reject the proposal. In order to interpret and provide context for each county's performance improvement proposal, the state county management committee shall, by January 1, 1999, establish the background data to be collected and aggregated for all counties.

25.52(3) County ineligibility. A county which does not have an accepted proposal prior to July 1 will be ineligible to receive incentive funds for that fiscal year. A county may apply for an extension by petitioning the state county management committee prior to July 1. The petition shall describe the circumstances which will cause the proposal to be delayed and identify the date by which the proposal will be submitted. In addition, the state county management committee may grant an extension for the '...,! purposes of negotiation.

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IAC9!23/98 Human Services[ 441] Ch 25, p.21

441-25.53(77GA,HF2545) Methodology for awarding incentive funding. Each county shall report on all performance measures listed in this division, plus any additional performance measures the county has selected, by December 1 of each year.

25.53(1) Reporting. Each county shall report performance measure information on forms, or by electronic means, developed for the purpose by the department in consultation with the state county management committee.

25.53(2) Scoring. The department shall analyze each county's report to determine the extent to which the county achieved the levels contained in the proposal accepted by the state county management committee. Prior to distribution of incentive funding to counties, results of the analysis shall be shared with the state county management committee.

25.53(3) County ineligibility. A county which does not report performance measure data by December 1 will be ineligible to receive incentive funds for that fiscal year. A county may apply for an extension by petitioning the state county management committee prior to December 1. The petition shall describe the circumstances which will cause the report to be delayed and identify the date by which the report will be submitted.

441-25.54(77GA,HF2545) Subsequent year performance factors. For any fiscal year which begins after July 1, 1999, the state county management committee shall not apply any additional performance measures until the county management information system (CoMIS) developed and maintained by the division of mental health and developmental disabilities has been modified, if necessary, to collect and calculate required data elements and performance measures and each county has been given the opportunity to establish baseline measures for those measures.

441-25.55(77GA,HF2545) Phase-in provisions. 25.55(1) State fiscal year 1999. For the fiscal year which begins July 1, 1998, each county shall

collect data as required above in order to establish a baseline level on all performance measures. A county which collects and reports all required data by December 1, 1999, shall be deemed to have received a 100 percent score on the county's performance indicators.

25.55(2) State fiscal year 2000. A county which submits a proposal with its management plan for the fiscal year which begins July 1, 1999, and reports the levels achieved on the selected performance measures by December 1, 2000, shall be deemed to have received a 100 percent score on the county's performance indicators, regardless of the actual levels achieved.

These rules are intended to implement 1998 Iowa Acts, House File 2545, section 8, subsection 2. [Filed emergency 12/14/94-published 1/4/95, effective 12/14/94] [Filed 2/16/95, Notice 1/4/95-published 3/15/95, effective 5/1/95]



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lAC 5/6/98, 7/1/98 Human Services£441]

CHAPTER 175 ABUSE OF CHILDREN

(Prior 10 7/l/83, Social Servicesf770) Ch 135) (Previously appeared as Ch 13S--n:numbered lAB 2/29184)

(Prior to 2/11/87, Human Servicesf498))

DIVISION I CHilD ABUSE

(Rescinded lAB S/6/98, effective 9/1/98)

441-175.1 to 175.20 Reserved.

DIVISION II CHILD ABUSE ASSESSMENT PILOT PROJECTS

PREAMBLE

Ch 175, p.1

*The purpose of this division is to implement requirements established in the Iowa Code which charge the department of human services with accepting reports of child abuse, assessing those reports and taking necessary steps to ensure a reported child's safety. Protection is provided through encouraging the reporting of suspected cases of abuse, conducting a thorough and prompt assessment of the reports, and providing rehabilitative services to abused children and their families. This response to reports of child abuse emphasizes child safety and engagement of a family in services, where necessary. The assessment-based approach recognizes that child protection and strong families are the responsibility not only of the family itself, but also of the larger community (including formal and informal service networks). It is the department's legal mandate to respond to reports of child abuse. The assessment approach shall allow the department to develop divergent strategies when responding to reports of child abuse, adjusting its response according to the severity of abuse, to the functioning of the family, and to the resources available within the child and family's community.

441-175.21(232,235A) Definitions. "Adequate food, shelter, clothing or other care" means that food, shelter, clothing or other care

which, if not provided, would constitute a denial of critical care. *"Allegation" means a statement setting forth a condition or circumstance yet to be proven. *"Assessment" means the process by which the department carries out its legal mandate to ascer

tain if child abuse has occurred, to record findings, to develop conclusions based upon evidence, to address the safety of the child and family functioning, engage the family in services if needed, enhance family strengths and address needs in a culturally sensitive manner.

*"Assessment intake" means the process by which the department receives and records reports of child abuse.

*"Caretaker" means a person responsible for the care of a child as defined in Iowa Code section 232.68.

*"Case" means a report of child abuse that has been accepted for assessment services. "Denial of critical care" is the failure on the part of a person responsible for the care of a child to

provide for the adequate food, shelter, clothing or other care necessary for the child's health and welfare when financially able to do so, or when offered financial or other reasonable means to do so, and shall mean any of the following:

1. Failure to provide adequate food and nutrition to the extent that there is danger of the child suffering harm, injury or death.

2. Failure to provide adequate shelter to the extent that there is danger of the child suffering harm, injury or death. •Efr~-tivedale(7/l/98)oramendmeniSadoptedinARC797SA(IABS/6/98)dclayed70daysbylhcAdministralivcRulcsRevicwCommiUccathsmccl· ing held June 9, 1998.

Ch 175, p.2 Human Services[ 441] lAC 5/6/98, 9/23/98

3. Failure to provide adequate clothing to the extent that there is danger of the child suffering harm, injury or death.

4. Failure to provide adequate health care to the extent that there is danger of the child suffering serious harm, injury or death. A parent or guardian legitimately practicing religious beliefs who does not provide specified medical treatment for a child for that reason alone shall not be considered abusing the child and shall not be placed on the child abuse registry. However, a court may order that medical service be provided where the child's health requires it.

5. Failure to provide the mental health care necessary to adequately treat an observable and substantial impairment in the child's ability to function.

6. Gross failure to meet the emotional needs of the child necessary for normal development. 7. Failure to provide for the proper supervision of the child to the extent that there is danger of the

child suffering harm, injury or death, and which a reasonable and prudent person would exercise under similar facts and circumstances.

8. Failure to respond to the infant's life-threatening conditions (also known as withholding medically indicated treatment) by providing treatment (including appropriate nutrition, hydration and medication) which in the treating physician's reasonable medical judgment will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician's reasonable medical judgment any of the following circumstances apply: the infant is chronically and irreversibly comatose; the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane.

"Department" means the department of human services. "Facility providing care to a child" means any public or private facility, including an institution,

hospital, health care facility, intermediate care facility for mentally retarded, residential care facility for mentally retarded, or skilled nursing facility, group home, mental health facility, residential treatment facility, shelter care facility, detention facility, or child care facility which includes licensed day care centers, all registered family and group day care homes and licensed family foster homes. A public or private school is not a facility providing care to a child, unless it provides overnight care. Public facilities which are operated by the department of human services are assessed by the department of inspections and appeals.

t*"Harm" means an emotional or nonphysical injury which has a damaging effect upon a child. "Illegal drug" means cocaine, heroin, amphetamine, methamphetamine or other illegal drugs, in

cluding marijuana, or combinations or derivatives of illegal drugs which were not prescribed by a health practitioner.

"Immediate threat" means conditions which, if no response were made, would be more likely than not to result in significant harm, injury or death to a child.

"Infant," as used in the definition of "Denial of critical care," numbered paragraph "8," means an infant less than one year of age or an infant older than one year of age who has been hospitalized continuously since birth, who was born extremely prematurely, or who has a long-term disability.

"Nonaccidental physical injury" means an injury which was the natural and probable result of a caretaker's actions which the caretaker could have reasonably foreseen, or which a reasonable person could have foreseen in similar circumstances, or which resulted from an act administered for the specific purpose of causing an injury.

•Effective date (711198) of amendments adopted in ARC 797SA (lAB S/6.198) delayed 70days by the Administrative Rules Review Committee at its meet· ing held June 9, 1998. tobjcc:tion imposed by the Administrative Rules Review Committee at hs meeting held July 14, 1998; sec text of Objectional end of Chapter 175.

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IAC9/23/98 Human Services[441] Ch 175, p.17

OBJECTION

At its July 1998 meeting the Administrative Rules Review Committee voted to object to rule 441 lAC 175.21, appearing as part of ARC 7975A on the grounds that the definition of harm is unreasonable. The definition states: "unarm" means an emotional or nonphysical injury which has a damaging effect upon a child." Committee members expressed concern this open-ended definition expanded the scope of potential child abuse situations far beyond the initial legislative intent. The concern was that in individual cases this broad definition could be unfairly interpreted and applied.

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IAC9/10/97 Racing and Gaming(491]

CHAPTER! ORGANIZATION AND OPERATION

(Prior to 11/19186. Racing Commission(693JI (Prior 10 11/111187, Racing and Gaming Division(I95JI

Ch 1, p.1

491-1.1(99D,99F) Function. The Iowa racing and gaming commission was created by Iowa Code chapter 990 and is charged with the administration of the Iowa pari-mutuel wagering Act and excursion boat gambling Act. Iowa Code chapters 990 and 99F mandate that the commission shall have full jurisdiction over and shall supervise all race meetings and gambling excursions governed by Iowa Code chapters 990 and 99F.

491-1.2(99D,99F) Organization and operations. 1.2(1) The Iowa racing and gaming commission is located at 717 East Court, Suite B, Des

Moines, Iowa 50309; telephone (515)281-7352. Office hours are 8 a.m. to 4:30p.m. Monday through Friday.

1.2(2) The Iowa racing and gaming commission consists of five members. The membership shall elect a chairperson and vice-chairperson in July of each year. No chairperson shall serve more than two consecutive one-year full terms.

1.2(3) The commission meets periodically throughout the year and will meet in July of each year. Notice of a meeting is published at least five days in advance of the meeting or will be mailed to interested persons upon request. The notice will contain the specific date, time, and place of the meeting. Agendas are available to any interested persons not less than five days in advance of the meeting. All meetings will be open to the public, unless a closed session is voted by four members or all members present for the reasons specified in Iowa Code section 21.5. The operation of commission meetings will be governed by the following rules of procedure:

a. A quorum shall consist of three members. b. When a quorum is present, a position is carried by an affirmative vote of the majority of the

entire membership of the commission. c. Persons wishing to appear before the commission should submit a written request to the com

mission office not less than seven days prior to the meeting. The administrator or commission may place a time limit on presentations after taking into consideration the number of presentations requested.

d. Special or electronic meetings may be called by the chair only upon a finding of good cause and shall be held in strict accordance with Iowa Code section 21.4 or 21.8.

e. The presiding officer may exclude any person from the meeting for behavior that disrupts or obstructs the meeting.

f. Cases not covered by these rules shall be governed by the 1990 Edition of Robert's Rules of Order Newly Revised.

1.2(4) Minutes of commission meetings are prepared and are available at the commission office for inspection during business hours. Copies may be obtained without charge by contacting the office.

Ch 1, p.2 Racing and Gaming[ 491) lAC 8/12/98, 9/23/98

491-1.3(99D,99F) Administration of the commission. The commission shall appoint an adminis- "--" tratorfor the Iowa racing and gaming commission who is responsible for the day-to-day administration of the commission's activities.

491-1.4(22,99F) Open records. Except as provided in Iowa Code sections 22.7 and 17 A2(7) "/"all public records of the commission are available for public inspection during business hours. Requests to obtain records may be made either by mail, telephone or in person. Minutes of commission meetings, forms and other records routinely requested by the public may be obtained without charge. Other records requiring more than ten copies may be obtained upon payment of the actual cost for copying. This charge may be waived by the administrator.

491-1.5(17 A,99D,99F) Forms. All forms utilized in the conduct of business with the Iowa racing ~ and gaming commission are available from the commission upon request.

491-1.6(99D,99F) Commission approval of contracts and business arrangements. No operator shall enter into any contract or business arrangement, verbal or written, with any related party, or in which the term exceeds three years or the total value of the contract exceeds $50,000, without first submitting advance written notice thereof to the commission and obtaining commission approval therefor.

1.6(1) Purpose of contract review. The commission conducts reviews of contracts to serve the public interests in order that:

a. Gaming is free from criminal and corruptive elements. b. Gaming-related funds are directed to the lawful recipient. c. Gaming profits are not improperly distributed. 1.6(2) Related parties. Other contract submittal requirements notwithstanding, contracts nego

tiated between the operator and a related party must be accompanied by an economic and qualitative justification.

1.6(3) Review criteria. The commission shall approve all contracts that, in their opinion, represent a normal business transaction. The commission may deny approval of any contract which, in their sole opinion, represents a distribution of profits that differs from commission-approved ownership and beneficial interest. This rule does not prohibit the commission from changing the approved ownership or beneficial interest.

*1.6(4) Satellite terminal. A licensee shall not permit or facilitate the operation of a satellite terminal, as defined in Iowa Code section 527.2, or any other device or arrangement, by which credit is given to a licensee's customer through use of a credit card, as defined by Iowa Code section 537.1301(16). This provision, however, does not prohibit:

a. The exchange of money for tokens, chips, or other forms of credit to be wagered on gambling games as specifically authorized by Iowa Code section 99F.9; or

b. The sale of lodging, food, beverages, or other nongambling services or products by credit card purchase.

491-1. 7(99D,99F) Retention, storage and destruction of books, records and documents. 1. 7(1) Except as otherwise provided, all original books, records and documents pertaining to the

licensee's operations shall be: a. Prepared and maintained in a complete and accurate form. b. Retained at a site approved by the administrator until audited. c. Held immediately available for inspection by the commission during business hours of opera

tions. d. Organized and indexed in such a manner to provide immediate accessibility to the commis

sion. •Effective dale of 9/16198 delayed by the Administrative Rules Review Committee at its mcctlng held September 8, 1998, until the adjournment of the \..,.I 1999 Session of the General Assembly.

lAC 8/12/98, 9/23/98 Racing and Gaming[491] Ch 1, p.3

'-..1 1. 7 (2) For the purpose of this rule, "books, records and documents" shall be defined as any book, record or document pertaining to or prepared or generated by the licensee including, but not limited to, all forms, reports, accounting records, ledgers, subsidiary records, computer-generated data, internal audit records, correspondence, contracts, and personnel records.

1. 7(3) All original books, records and documents may be copied and stored on microfilm, microfiche or other suitable media system approved by the administrator.

1.7(4) No original book, record or document, or suitable media copy, may be destroyed by alicensee, for three years, without the prior approval of the administrator.

These rules are intended to implement Iowa Code sections 990.5 and 990.6 and chapter 99F. [Filed 5/18/84, Notice 4/11/84-published 6/6/84, effective 7/13/84] [Filed emergency 10/20/86-published 11/19/86, effective 10/20/86] (Filed 3/6/87, Notice 1/14/87-published 3/25/87, effective 4/29/87]

~ [Filed 6/11/87, Notice 4/8/87-published 7/1/87, effective 8/6/87] [Filed 10/23/87, Notice 9/9/87-published 11/18/87, effective 12/23/87]

[Filed 2/16/90, Notice 12/27/89-published 317/90, effective 4/11/90] [Filed 2/15/91, Notice 1/9/91-published 3/6/91, effective 4/10/91]


[Filed 5/21/93, Notice 4/14/93-published 6/9/93, effective 7/14/93] [Filed 4/10/97, Notice 2/12/97-published 517/97, effective 6/11/97]

[Filed 8/22/97, Notice 7/16/97-published 9/10/97, effective 10/15/97] [Filed 3/6/98, Notice 12/17/97-published 3/25/98, effective 4/29/98] [Filed 7/24/98, Notice 6/17/98-published 8/12/98, effective 9/16/98*]

•Effective dateofltem I, subrule 1.6(4), delayed by the Adminislrlltivc Rules Review Committee at iiS meeting held SeptemberS. 1998, until the adjournment or the 1999 Session or the General Assembly.

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lAC 9/23/98 INTERNET[497)

INTERNATIONAL NETWORK ON TRADE (INTERNET)[497]

Created by 1989Jowa Acts, chapter 258

Page 1

Repealed by 1993 Iowa Acts, ch 167, section 13; removed from Iowa Administrative Code in accordance with Iowa Code section 17 A.6(7).

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IAC9/23/98 Emergency Management[605] Analysis, p.1

EMERGENCY MANAGEMENT DIVISION[605] (Created within the Department of Defense[601) by 19921owa Acts, chapter 1139, section 211

(Prior to 12/23/92, see Disaster Services Division[607))

1.1(29C) 1.2(29C)

CHAPTER! ORGANIZATION

Description Definitions

CHAPTER2 PETITIONS FOR RULE MAKING

~ j 2.1(17A) ....., 2.3(17 A)

(Uniform Rules)

Petition for rule making Inquiries

CHAPTER3 DECLARATORY RULINGS

3.1(17A) 3.3(17A)

(Uniform Rules)

Petition for declaratory ruling Inquiries

CHAPTER4 AGENCY PROCEDURE FOR

RULE MAKING

4.3(17A) \._) 4.4(17A)

4.5(17A) 4.6(17A) 4.10(17A)

4.11(17A) 4.13(17A)

(Uniform Rules)

Public rule-making docket Notice of proposed rule making Public participation Regulatory flexibility analysis Exemptions from public rule-

making procedures Concise statement of reasons Agency rule-making record

CHAPTERS PUBLIC RECORDS AND FAIR INFORMATION PRACfiCES

5.1(22) 5.3(22)

~5.6(22)

5.7(22)

5.8(22)

(Uniform Rules)

Definitions Requests for access to records Procedure by which a subject

may have additions, dissents, or objections entered into the record

Consent to disclosure by the subject of a confidential record

Notice to suppliers of information

5.9(22)

5.10(22) 5.11(22)

5.12(22) 5.13(22) 5.14(22)

5.15(22) 5.16(22) 5.17(22) 5.18(22)

Disclosures without the consent of the subject

Routine use Consensual disclosure of

confidential records Release to subject Availabi1ity of records Personally identifiable

information Federal records Other groups of records Data processing systems Applicability

CHAPTER6 IOWA EMERGENCY PLAN

6.1(29C) The state emergency plan 6.2(29C) State resources management plan 6.3(29C) State resources management

6.4(29C) system

Cooperation with and support of the civil air patrol

CHAPTER 7 LOCAL EMERGENCY MANAGEMENT

7.1(29C) 7.2(29C)

7.3(29C)

7.4(29C)

7.5(29C)

7.6(29C)

7.7(29C) 7.8(29C) 7.9(29C)

7.10(29C)

Eligibi1ity requirements Emergency management

coordinator Emergency management

coordinator qualifications Local commission or joint

commission personnel Emergency management

coordinator continuing education requirements

Comprehensive countywide emergency operations plans

Compliance Local mutual aid arrangements Local emergency management

commission Damage assessment and financial

assistance for disaster recovery

Analysis, p.2 Emergency Management[605] IAC9/23/98

CHAPTERS CHAPTER 101 ~ CRITERIA FOR AWARDS OR GRANTS OPERATIONS OF COMMISSION

8.1(29C,17A) Purpose 101.1(17A) Scope 8.2(29C,17A) Definitions 101.2(30) Membership 8.3(29C,17 A) Exceptions 101.3(17A,21,30) Time of meetings 8.4(29C,17A) Requirements 101.4(17 A,21,30) Place of meetings 8.5(29C,17 A) Review process (competitive 101.5(17 A,21,30) Notification of meetings

applications only) 101.6(17A,21,30) Attendance and 8.6(29C,17A) Opportunity for review and participation by the

comment public 8.7(29C,17A) Public notice of available 101.7(17A,21,30) Quorum and voting

grants requirements

CHAPTER9 101.8(17 A,21,30) Minutes, transcripts and

\..1 recording of meetings Reserved 101.9(17 A,21,30) Officers and election

CHAPTER10 CHAPTER102 ENHANCED 911 TELEPHONE SYSTEMS EMERGENCY PLANNING DISTRICfS

10.1(34A) Program description 102.1(30) Requirement to designate, and 10.2(34A) Definitions organization of, emergency 10.3(34A) Joint E911 service boards planning districts 10.4(34A) Enhanced 911 service plan 102.2(30) Emergency planning districts-

(wire-line) counties 10.5(34A) Waivers, variance request, and 102.3(30) Application to modify districts

right to appeal 10.6(34A) Enhanced wireless 911 service CHAPTER 103

plan LOCAL EMERGENCY '..I 10.7(34A) Referendum and surcharge PLANNING COMMI'ITEES

(wire-line) 103.1(30) Requirement to appoint local 10.8(34A) E911 surcharge (wireless) emergency planning 10.9(34A) E911 surcharge exemptions committees (LEPC) 10.10(34A) Wireless E911 emergency 103.2(30) Committee members

communications fund 103.3(30) Local emergency planning 10.11(34A) E911 service fund committee (LEPC) duties 10.12(34A) Operating budgets 103.4(30) Emergency response plan 10.13(34A) Limitations on use of funds development 10.14(34A) Minimum operational and 103.5(30) Local emergency planning

technical standards committee office 10.15(34A) Administrative hearings and 103.6(30) Local emergency response

appeals committee meetings

CHAPTERS 11 to 99 103.7(30) Local emergency response plan \._,)

Reserved submission

CHAPTER 104 IOWA EMERGENCY RESPONSE REQUIRED REPORTS AND RECORDS

COMMISSION 104.1(30) Department of public defense,

CHAPTER 100 emergency management division

MISSION OF COMMISSION 104.2(30) Department of natural resources

100.1(30) Mission 104.3(30) Department of employment services, labor services division

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lAC 9/23/98 Emergency Management[605]

CHAPTER9 Reserved

CHAPTER 10 ENHANCED 911 TELEPHONE SYSTEMS

fPrior to 4/18190, sec Public: Defcnsef60l]Ch 10] fPrior to 5/12193, Disaster Services Divisionf607]Ch 10]

Ch 10, p.1

605-10.1(34A) Program description. The purpose of this program is to provide for the orderly development, installation, and operation of enhanced 911 emergency telephone systems and to provide a mechanism for the funding of these systems, either in whole or in part. These systems shall be operated under governmental management and control for the public benefit. These rules shall apply to each joint 911 service board or alternative 28E entity as provided in Iowa Code chapter 34A and to each provider of enhanced 911 service.

605-10.2(34A) Definitions. As used in this chapter, unless context otherwise requires: "Access line" means the telephone service line which connects a subscriber's main telephone(s) or

equivalent main telephone(s) to the telephone company's switching office. "Administrator, " unless otherwise noted, means the administrator of the Iowa emergency manage

ment division. "Automatic location identification (ALI)" means a system capability that enables an automatic dis

play of information defining a geographical location of the telephone used to place the 911 call. "Automatic number identification (ANI)" means a capability that enables the automatic display of

the number of the telephone used to place the 911 call. ~ "Call attendant" means the person who initially answers a 911 call.

"Call detail recording" means a means of establishing chronological and operational accountability for each 911 call processed, consisting minimally of the caller's telephone number, the date and time the 911 telephone equipment established initial connection (trunk seizure), the time the call was answered, the time the call was transferred (if applicable), the time the call was disconnected, the trunk line used, and the identity of the call attendant's position, also known as an ANI printout.

"Call relay method" means the 911 call is answered at the PSAP, where the pertinent information is gathered, and the call attendant relays the caller's information to the appropriate public or private safety agency for further action.

"Call transfer method" means the call attendant determines the appropriate responding agency and transfers the 911 caller to that agency.

"Central office (CO)" means a telephone company facility that houses the switching and trunking equipment serving telephones in a defined area.

I.._) "Coin-free access (CFA)" means coin-free dialing or no-coin dial tone which enables a caller to dial

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911 or "0" for operator without depositing money or incurring a charge. "Conference transfer" means the capability of transferring a 911 call to the action agency and al

lowing the call attendant to monitor or participate in the call after it has been transferred to the action agency.

11Direct dispatch method" means 911 call answering and radio-dispatching functions, for a particular agency, are both performed at the PSAP.

"£911 communications council" means the council as established under the provisions of Iowa Code section 34A.15.

"£911 program manager" means that person appointed by the administrator of the Iowa emergency management division to administer the state-enhanced 911 program and the provisions of Iowa Code chapter 34A.

Ch 10, p.2 Emergency Management[605] IAC9/23/98

"Emergency call" means a telephone request for service which requires immediate action to prevent loss of life, reduce bodily injury, prevent or reduce loss of property and respond to other emergency situations determined by local policy.

"Enhanced 911 (E911)" means the general term referring to emergency telephone systems with specific electronically controlled features, such as ALI, ANI, and selective routing.

"Enhanced 911 (E911) operating authority" means the public entity, which operates an E911 telephone system for the public benefit, within a defined enhanced 911 service area.

"Enhanced 911 (E911) service area" means the geographic area to be served, or currently served under an enhanced 911 service plan, provided that any enhanced 911 service area shall at a minimum encompass one entire county. The enhanced 911 service area may encompass more than one county and need not be restricted to county boundaries. This definition applies only to wire-line enhanced 911 service.

"Enhanced 911 (£911) service plan (wire-line)" means a plan, produced by a joint E911 service board, which includes the information required by Iowa Code subsection 34A.2(6).

"Enhanced 911 service surcharge" means a charge set by the joint E911 service board, approved by local referendum, and assessed on each access line which physically terminates within the E911 service area.

"Enhanced wireless 911 service area" means the geographic area to be served, or currently served, by a PSAP under an enhanced wireless 911 service plan.

"Enhanced wireless 911 service, phase/" means an emergency wireless telephone system with specific electronically controlled features such as ANI, specific indication of wireless communications tower site location, selective routing by geographic location of the tower site.

"Enhanced wireless 911 service, phase II" means an emergency wireless telephone system with specific electronically controlled features such as ANI and ALI and selective routing by geographic location of the 911 caller.

"Exchange" means a defined geographic area served by one or more central offices in which the telephone company furnishes services.

"Implementation" means the activity between formal approval of an E911 service plan and a given system design, and commencement of operations.

''1 oint £911 service board" means those entities created under the provisions of Iowa Code section 34A.3, which include the legal entities created pursuant to Iowa Code chapter 28E referenced in Iowa Code subsection 34A.3(3).

"911 call" means any telephone call that is made by dialing the digits 911. "911 system" means a telephone system that automatically connects a caller, dialing the digits 911,

to aPSAP. "Nonrecurring costs" means one-time charges incurred by a joint E911 service board or operating

authority including, but not limited to, expenditures for E911 service plan preparation, surcharge referendum, capital outlay, installation, and initial license to use subscriber names, addresses and telephone information.

"One-bullon transfer" means another term for a (fixed) transfer which allows the call attendant to transfer an incoming call by pressing a single button. For example, one button would transfer voice and data to a fire agency, and another button would be used for police, also known as "selective transfer."

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lAC 9/23/98 Emergency Management[605] Ch 10, p.3

"Political subdivision" means a geographic or territorial division of the state that would have the following characteristics: defined geographic area, responsibilities for certain functions of local government, public elections and public officers, and taxing power. Excluded from this definition are departments and divisions of state government and agencies of the federal government.

"Provider" means a person, company or other business that provides, or offers to provide, 911 equipment, installation, maintenance, or access services.

"Public or private safety agency" means a unit of state or local government, a special purpose district, or a private firm, which provides or has the authority to provide firefighting, police, ambulance, or emergency medical services.

"Public safety answering point (PSAP)" means a 24-hour, state or local jurisdiction communications facility, which receives 911 service calls and directly dispatches emergency response services or relays calls to the appropriate public or private safety agency.

"Public switched telephone network'' means a complex of diversified channels and equipment that automatically routes communications between the calling person and called person or data equipment.

"Recurring costs" means repetitive charges incurred by a joint E911 service board or operating authority including, but not limited to, database management, lease of access lines, lease of equipment, network access fees, and applicable maintenance costs.

"Selective routing (SR)" means an enhanced 911 system feature that enables all 911 calls originating from within a defined geographical region to be answered at a predesignated PSAP.

"Subscriber" means any person, firm, association, corporation, agencies of federal, state and local government, or other legal entity responsible by law for payment for communication service from the telephone utility.

"Tariff" means a document filed by a telephone company with the state telephone utility regulatory commission which lists the communication services offered by the company and gives a schedule for rates and charges. .

"Telecommunications device for the deaf (TDD) " means any type of instrument, such as a typewriter keyboard connected to the caller's telephone and involving special equipment at the PSAP which allows an emergency call to be made without speaking, also known as a TTY.

"Trunk" means a circuit used for connecting a subscriber to the public switched telephone network. "Wireless communications service" means commercial mobile radio service, as defined under Sec

tions 3(27) and 332(d) of the federal Telecommunications Act of 1996,47 U.S.C. Sections 151 et seq.; Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993. Wireless communications service includes any wireless two-way communications used in cellular telephone service, personal communications service, or the functional or competitive equivalent. For purposes of wireless 911 surcharge, wireless communications service does not include services whose customers do not have access to 911, or a 911-like service, a communications channel utilized only for data transmission, or a private telecommunications system.

"Wireless communications surcharge" means a surcharge of up to 50 cents imposed on each wireless communications service number provided in this state and collected as part of a wireless communications service provider's monthly billing to a subscriber.


605-10.3(34A) JointE911 service boards. Each county board of supervisors shall establish a joint \...! E911 service board.

10.3(1) Membership. a. Each political subdivision of the state, having a public safety agency serving territory within

the E911 service area, is entitled to voting membership. b. Each private safety agency, such as privately owned ambulance services, airport security

agencies, and private fire companies, serving territory within the E911 service area, is entitled to a nonvoting membership on the board.

c. Public and private safety agencies headquartered outside but operating within an E911 service area are entitled to membership according to their status as a public or private safety agency.

d. A political subdivision, which does not operate its own public safety agency, but contracts for the provision of public safety services, is not entitled to membership on the joint 911 service board. However, its contractor is entitled to membership according to the contractor's status as a public or ~~ private safety agency.

e. The joint 911 board elects a chairperson and cochairperson. 10.3(2) Alternate 28£ entity. The joint 911 board may organize as an Iowa Code chapter 28E

agency as authorized in Iowa Code subsection 34A.3(3), provided that the 28E entity meets the voting and membership requirements of Iowa Code subsection 34A.3(1 ).

10.3(3) Joint £911 service board bylaws. Each joint E911 service board shall develop bylaws to specify, at a minimum, the following information:

a. The name of the joint E911 service board. b. A list of voting and nonvoting members. c. The date for the commencement of operations. d. The mission. &~~~~ ~ f. The manner for financing activities and maintaining a budget. g. The manner for acquiring, holding and disposing of property. h. The manner for electing or appointing officers and terms of office. i. The manner by which members may vote to include, if applicable, the manner by which votes

may be weighted. j. The manner for appointing, hiring, disciplining, and terminating employees. k. The rules for conducting meetings. I. The permissible method or methods to be employed in accomplishing the partial or complete

termination of the board and the disposing of property upon such complete or partial termination. m. Any other necessary and proper rules or procedures. Each member shall sign the adopted bylaws. The joint E911 service board shall record the signed bylaws with the county recorder and shall for-

ward a copy of the signed by laws to the E911 program administrator at the state emergency manage- -.......,; ment division.

10.3(4) Executive board. The joint E911 service board may, through its bylaws, establish an executive board to conduct the business of the joint E911 service board. The executive board will have such other duties and responsibilities as assigned by the joint E911 service board.

10.3(5) Meetings. a. The provisions oflowa Code chapter 21, "Official Meetings Open to the Public," are applica

ble to joint 911 service boards. b. Joint E911 service boards shall conduct meetings in accordance with their established bylaws

and applicable state law.

lAC 9/23/98 Emergency Management£605] Ch 10, p.S

'..I 605-10.4(34A) Enhanced 911 service plan (wire-line). 10.4(1) The joint E911 service board shall be responsible for developing an E911 service plan as

required by Iowa Code section 34A.3 and as set forth in these rules. The plan will remain the property of the joint E911 service board. Each joint E911 board shall coordinate planning with each contiguous joint E911 service board. A copy of the plan and any modifications and addenda shall be submitted to:

a. The state emergency management division. b. All public and private safety agencies serving the E911 service area. c. All providers affected by the E911 service plan. 10.4(2) The E911 service plan shall, at a minimum, encompass the entire county, unless a waiver is

granted by the administrator. Each plan shall include: a. The mailing address of the joint E911 service board. b. A list of voting members on the joint E911 service board.

~ c. A list of nonvoting members on the joint E911 service board. d. The name of the chairperson and cochairperson of the joint E911 service board. e. A geographical description of the enhanced 911 service area. f. A list of all public and private safety agencies within the E911 service area. g. The number of public safety answering points within the E911 service area. h. Identification of the agency responsible for management and supervision of the E911 emer

gency telephone communication system. i. A statement of estimated charges to be incurred by the joint 911 service board, including sepa-

rate estimates of recurring and nonrecurring charges. These charges shall be limited to charges directly attributable to the provision of E911 service. The charges shall include the following:

(1) Item(s) or unit(s) of measurement, or both, and the associated tariff prices applicable in the development of the charges.

\._) (2) Where tariff prices are not available, work papers showing the development of the charges by item(s)/unit(s) shall be included.

(3) Charges shall be justified as being attributable to the provision ofE911 telephone communication service.

j. Information from telephone service providers detailing the current equipment operated by the provider to provide telephone service and additional central office equipment or technology upgrades, or both, necessary to implement E911 service.

k. The total number of telephone access lines by telephone company or companies having points of presence within the E911 service area and the number of this total that is exempt from surcharge collection as provided in rule 10.9(34A) and Iowa Code subsection 34A.7(3).

l. The estimated number of pay telephones within the E911 service area. m. If applicable, a schedule for implementation of the plan throughout the E911 service area. A

~ joint E911 service board may decide not to implement E911 service. n. The total property valuation in the E911 service area.

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o. Maps of the E911 service area showing: (1) The jurisdictional boundaries of all law enforcement agencies serving the area. (2) The jurisdictional boundaries of all firefighting districts and companies serving the area. (3) The jurisdictional boundaries of all ambulance and emergency medical service providers op-

erating in the area.

Ch 10, p.6 Emergency Management£6051 lAC 9/23/98

(4) Telephone exchange boundaries and the location of telephone company central offices, including those located outside but serving the service area.

(5) The location of PSAP(s) within the service area. p. A block drawing for each telephone central office within the service area showing the method

by which the 911 call will be delivered to the PSAP(s). 10.4(3) All plan modifications and addenda shall be filed with, reviewed, and approved by the

E911 program manager. 10.4(4) The E911 program manager shall base acceptance of the plan upon compliance with the

provisions of Iowa Code chapter 34A and the rules herein. 10.4(5) The E911 program manager will notify in writing, within 20 days of review, the chairper

son of the joint E911 service board of the approval or disapproval of the plan. a. If the plan is disapproved, the joint E911 service board will have 90 days from receipt of notice

to submit revisions/addenda. ""--, b. Notice for disapproved plans will contain the reasons foratsa~pr~val. c. The E911 program manager will notify, in writing within 20 day~ review, the chairperson of

the approval or disapproval of the revisions.

605-10.5(34A) Waivers, variance request, and right to appeal. 10.5(1) All requests for variances or waivers shall be submitted to the E911 program manager in

writing and shall contain the following information: a. A description of the variance(s) or waiver(s) being requested. b. Supporting information setting forth the reasons the variance or waiver is necessary. c. A copy of the resolution or minutes of the joint E911 service board meeting which authorizes

the application for a variance or waiver. d. The signature of the chairperson of the joint E911 service board. 10.5(2) The E911 program manager may grant a variance or waiver based upon the provisions of

Iowa Code chapter 34A or other applicable state law. 10.5(3) Upon receipt.of a request for a variance or waiver, the E911 program manager shall evalu

ate the request and schedule a review within 20 working days of receipt of the request. Review shall be informal and the petitioner may present materials, documents and testimony in support of the petitioner's request. The E911 program manager shall determine if the request meets the criteria established and shall issue a decision within 20 working days. The E911 program manager shall notify, in writing, the petitioner of the acceptance or rejection of the petition. If the petition is rejected, such notice shall include the reasons for denial.

605-10.6(34A) Enhanced wireless 911 service plan. Each joint E911 service board, the Iowa department of public safety, and the E911 communications council shall cooperate with the E911 program manager in preparing an enhanced wireless 911 service plan for statewide implementation of enhanced wireless 911 phase I and phase II implementation. The enhanced wireless 911 service plan shall include, at a minimum, the following information:

1. Maps showing geographic area to be served by each PSAP receiving enhanced wireless 911 telephone calls.

2. A list of all public and private safety agencies within the enhanced wireless 911 service area. 3. The geographic location of each PSAP receiving enhanced wireless 911 calls and the name of

the person responsible for the management of the PSAP.

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lAC 9/23/98 Emergency Managementf605] Ch 10, p.7

4. A statement of estimated charges for the implementation and operation of enhanced wireless 911 phase I and phase II service, detailing the equipment operated or needed to operate enhanced wireless 911 service, including any technology upgrades necessary to provide service. Charges must be directly attributable to the implementation and operation of enhanced wireless 911 service. Charges shall be detailed showing item(s) or unit(s) of cost, or both, and include estimated charges from:

• Wireless service providers. • Wire-line service providers for implementation and operation of enhanced wireless 911 service. • Public safety answering points. 5. A schedule for the implementation of enhanced wireless 911 phase I and phase II service.

60S-10.7(34A) Referendum and surcharge (wire-line). 10. 7(1) The surcharge referendum may be initiated only by the joint 911 service board and shall be

conducted in accordance with the provisions oflowa Code sections 34A.6 and 34A.6A and Iowa Administrative Code 721-21.810(34A). The surcharge is not a local option tax that can be presented to the voters under Iowa Code chapter 4228.

10. 7(2) The following information shall be filed with the E911 program manager before the surcharge may be imposed.

a. A copy of the "Abstract of Election" (Form 156-K) from each commissioner of elections, in each county or partial county included within the E911 service area, showing passage of the referendum allowing for the imposition of a surcharge for E911 service.

b. An E911 service plan for the proposed E911 service area approved by the joint E911 service board.

c. A letter signed by the chairperson of the joint E911 service board requesting that the surcharge be imposed within the E911 service area.

~ 10. 7(3) The E911 program manager shall notify a provider scheduled to provide exchange access E911 service within an E911 service area that implementation of an E911 service plan has been approved by the joint 911 service board, E911 program manager, and by the service area referendum, and that collection of the surcharge is to begin within 100 days.

10.7(4) The provider shall collect the surcharge as a part of its monthly billing to its subscribers. The surcharge shall appear as a single line item on a subscriber's monthly billing entitled "E911 emergency telephone service surcharge."

10.7(5) The provider may retain 1 percent of the surcharge collected as compensation for the billing and collection of the surcharge. If the compensation is insufficient to fully recover a provider's costs for the billing and collection of the surcharge, the deficiency shall be included in the provider's costs for rate-making purposes to the extent it is reasonable and just under Iowa Code section 476.6.

10. 7(6) The provider shall remit collected surcharge to the joint 911 service board on a calendarquarter basis within 20 days of the end of the quarter.

\.,.! 10. 7(7) Collection for a surcharge shall terminate at the end of 24 months if E911 service is not initiated for all or a part of the E911 service area as stated in Iowa Code subsection 34A6(1 ). The E911 program manager for good cause may grant an extension.

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a. The administrator shall provide 100 days' prior written notice to the joint 911 service board or the operating authority and to the service provider(s) collecting the fee of the termination of surcharge collection.

b. Individual subscribers within the E911 service area may petition the joint 911 service board or the operating authority for a refund. Petitions shall be filed within one year of termination. Refunds may be prorated and shall be based on funds available and subscriber access lines billed.


c. At the end of one year from the date of termination, any funds not refunded and remaining in the E911 service fund and all interest accumulated shall be retained by the joint E911 service board. However, if the joint E911 service board ceases to operate any E911 service, the balance in the E911 service fund shall be payable to the state emergency management division. Moneys received by the division shall be used only to offset the costs for the administration of the E911 program.

605-10.8(34A) E911 surcharge (wireless). 10.8(1) The E911 program manager shall adopt a monthly surcharge of up to 50 cents to be im

posed on each wireless communications service number provided in this state. The amount of wireless surcharge to be collected may be adjusted once yearly, but in no case shall the surcharge exceed 50 cents per month, per customer service number.

10.8(2) The amount of wireless surcharge to be collected during a fiscal year shall be determined by the administrator's best estimation of enhanced wireless 911 costs for the ensuing fiscal year. The E911 program manager shall base the estimated cost on information provided by the E911 commu-· nications council, wireless service providers, vendors, public safety agencies, joint E911 service boards and any other appropriate parties or agencies involved in the provision or operation of enhanced wireless 911 service.

10.8(3) The E911 program manager shall order the imposition of surcharge uniformly on a statewide basis and simultaneously on all wireless communications service numbers by giving at least 100 days' prior notice to wireless carriers to impose a monthly surcharge as part of their periodic billings. The 100-day notice to wireless carriers shall also apply when making an adjustment in the wireless surcharge rate.

10.8(4) The wireless carrier is entitled to retain 1 percent of any wireless surcharge collected as a fee for collecting the surcharge as part of the subscriber's periodic billing.

10.8(5) Remaining surcharge funds shall be remitted on a calendar-quarter basis, within 20 days following the end of the quarter with a remittance form as prescribed by the E911 program manager. Providers shall issue their checks or warrants to the Treasurer, State of Iowa, and remit to the E911 Program Manager, Iowa Emergency Management Division, Hoover State Office Building, Des Moines, Iowa 50319.

605-10.9(34A) E911 surcharge exemptions. The following agencies, individuals, and organizations are exempt from imposition of the E911 surcharge:

1. Federal agencies and tax-exempt instrumentalities of the federal government. 2. Indian tribes for access lines on the tribe's reservation upon filing a statement with the joint

E911 service board, signed by appropriate authority, requesting surcharge exemption. 3. An enrolled member of an Indian tribe for access lines on the reservation, who does not receive

E911 service, and who annually files a signed statement with the joint E911 service board that the person is an enrolled member of an Indian tribe living on a reservation and does not receive E911 service. However, once E911 service is provided, the member is no longer exempt.

4. Official station testing lines owned by the provider. 5. Individual wire-line subscribers to the extent that they shall not be required to pay on a single

periodic billing the surcharge on more than 100 access lines, or their equivalent, in an E911 service area.

All other subscribers not listed above, that have or will have the ability to access 911, are required to pay the surcharge, if imposed by the official order of the E911 program manager.

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lAC 9/23/98 Emergency Managementr605] Ch 10, p.9

605-10.10(34A) Wireless E911 emergency communications fund. 10.10(1) Wireless E911 surcharge money, collected and remitted by wireless service providers,

shall be placed in a fund within the state treasury under the control of the administrator. 10.10(2) Iowa Code section 8.33 shall not apply to moneys in the fund. Moneys earned as income,

including as interest, from the fund shall remain in the fund until expended as provided in this section. However, moneys in the fund may be combined with other moneys in the state treasury for purposes of investment.

10.10(3) Moneys in the fund shall be expended and distributed in the order and manner as follows: a. An amount as appropriated by the general assembly to the emergency management division

for implementation, support, and maintenance of the functions of the E911 program. b. The administrator shall retain funds necessary to reimburse wireless service providers for their

eligible costs to deliver E911 services. Those eligible costs include all reasonable direct recurring and nonrecurring capital costs and operating expenses incurred by providers in designing, upgrading, leasing, purchasing, programming, installing, testing, delivering, or maintaining all necessary data, hardware, software, and local exchange telephone service required to provide wireless E911 service, and may include other costs directly attributable to the provision of enhanced wireless 911 service.

10.10(4) Payments to wireless service providers shall be made quarterly, based on original, itemized claims or invoices presented within 20 days of the end of the calendar quarter. Payments to wireless service providers shall be made in accordance with these rules and the State of Iowa Accounting Policies and Procedures.

10.10(5} Wireless service providers shall be reimbursed for only those items and services ordered and authorized by the E911 program manager.

10.10(6) If the total amount of moneys available in the fund for the reimbursement of wireless service providers is insufficient to reimburse all wireless service providers for their eligible expenses, the E911 program manager shall remit an amount to each wireless service provider equal to the percentage of the provider's eligible expenses as compared to the total of all eligible expenses for all wireless service providers for the calendar quarter during which such expenses were submitted.

10.10(7) If moneys remain in the fund, they shall be distributed to the department of public safety and joint E911 service boards to be used for the implementation of enhanced wireless communications capabilities.

10.10(8) The department of public safety or a joint E911 service board, to receive funds from the E911 emergency communications fund, must submit a written request for such funds to the E911 program manager in a form as approved by the manager.

10.10(9) Requests shall be for funding under the approved statewide enhanced wireless 911 service plan for equipment which is directly related to the reception and disposition of incoming enhanced wireless 911 calls.

10.10(10} If insufficient funds are available to fund all requests, the E911 program manager shall fund requests in an order deemed appropriate by the manager, consistent with the statewide enhanced wireless 911 service plan, and after considering factors including, but not limited to, the documented volume of enhanced wireless 911 calls received by each PSAP, the population served by each PSAP, the number of wireless telephones in the PSAP jurisdiction, the public safety of the citizens of the state, and any other factor deemed appropriate by the E911 program manager, in consultation with the E911 communications council.

Ch 10, p.lO Emergency Management[605] IAC9/23/98

605-10.11(34A) E911 service fund. 10.11(1) The Iowa department of public safety and each joint E911 service board have the respon

sibility for the E911 service fund. a. An E911 service fund shall be established in the office of the county treasurer for each joint

E911 service board and with the state treasurer for the Iowa department of public safety. b. Collected surcharge moneys and any interest thereon, as authorized in Iowa Code chapter 34A,

shall be deposited into the E911 service fund. E911 surcharge moneys must be kept separate from all other sources of revenue utilized for E911 systems.

c. For joint E911 service boards, withdrawal of moneys from the E911 service fund shall be made on warrants drawn by the county auditor, per Iowa Code section 331.506, supported by claims and vouchers approved by the chairperson or cochairperson of the joint 911 service board or the appropri-ate operating authority so designated in writing. .

d. For the Iowa department of public safety, withdrawal of moneys from the E910ervice fund shall be made in accordance with state laws and administrative rules.

10.11(2) The E911 service funds shall be subject to examination by the division at any time during usual business hours. E911 service funds are subject to the audit provisions oflowa Code chapter 11. A copy of all audits of the E911 service fund shall be furnished to the division within 30 days of receipt. If through the audit or monitoring process the division determines that a joint 911 service board or the Iowa department of public safety is not adhering to an approved plan or is not using funds in the manner prescribed in these rules or Iowa Code chapter 34A, the administrator may, after notice and hearing, suspend surcharge imposition and order termination of expenditures from the E911 service fund. The joint E911 service board or Iowa department of public safety is not eligible to receive or expend surcharge moneys until such time as the E:911 program manager determines that the board or department is in compliance with the approved plan and fund usage limitations.

605-10.12(34A) Operating budgets. 10.12(1) Each joint E911 service board and the Iowa department of public safety shall provide a

copy, to the E911 program manager, within 30 days of adoption, of the operating budget for the ensuing fiscal year for the fund as established under subrule 10.11(1).

1 0.12(2) The E911 program manager shall, upon review of the operating budget, make necessary adjustments to the surcharge as provided in Iowa Code chapter 34A.

605-10.13(34A) Limitations on use of funds. Surcharge money in the E911 service fund may be used to pay recurring and nonrecurring costs including, but not limited to, network equipment, soft-ware, database, addressing, initial training, and other start-up, capital, and ongoing expenditures. E911 surcharge moneys shall be used only to pay costs directly attributable to the provision of E911 telephone systems and services and may include costs for portable and vehicle radios, communication 1....1 towers and associated equipment, and other radios and equipment permanently located in the public safety answering point.

605-10.14(34A) Minimum operational and technical standards. 10.14(1) Each E911 system, supplemented with E911 surcharge moneys, shall, at a minimum,

employ the following features: a. ALI (automatic location identification). b. ANI (automatic number identification).

lAC 9/23/98 Emergency Management£605] Ch 10, p.11

c. Ability to selectively route. d. Each PSAP shall provide two emergency seven-digit numbers arranged in rollover configura

tion for use by telephone company operators for transferring a calling party to the PSAP. e. ANI and ALI information shall be maintained and updated in such a manner as to allow for 95

percent or greater degree of accuracy. 10.14(2) E911 public safety answering points shall adhere to the following minimum standards: a. The PSAP shall operate 7 days per week, 24 hours per day, with operators on duty at all times. b. The primary published emergency number in the E911 service area shall be 911. c. All PSAPs will maintain interagency communications capabilities for emergency coordina

tion purposes, to include radio as well as land line direct or dial line. d. Each PSAP shall develop and maintain a PSAP standard operating procedure for receiving and

dispatching emergency calls. e. The date and time of each 911 emergency call shall be documented using an automated call

detail recording device or other communications center log. Such logs shall be maintained for a period of not less than one year.

f. If a call transfer method of handling 911 calls is employed, a 99 percent degree of reliability of transferred calls from a PSAP to responding agencies shall be maintained. All transferred calls shall employ, to the closest extent possible, conference transfer capabilities which provide that the call be announced and monitored by the PSAP operator to ensure that the call has been properly transferred.

g. PSAPs not employing the transfer method of handling 911 emergency calls shall use the call relay method. Information shall be exchanged between the PSAP receiving the call and an appropriate emergency response agency or dispatch center having jurisdiction in the area of the emergency. In no case during an emergency 911 call shall the caller be referred to another telephone number and required to hang up and redial. The call relay method shall also prevail in circumstances where emergency calls enter the 911 system (whether by design or by happenstance) from outside the E911 service area.

h. Access control and security ofPSAPs and associated dispatch centers shall be designed to prevent disruption of operations and provide a safe and secure environment of communication operations.

i. PSAP supervision shall ensure that all telephone company employees, whose normal activi-ties may involve contact with facilities associated with the 911 service, are familiar with safeguarding of facilities' procedures.

j. Emergency electrical power shall be provided for the PSAP environment that will ensure con-tinuous operations and communications during a power outage. Such power should start automatically in the event of power failure and shall have the ability to be sustained for a minimum of 48 hours.

k. The PSAP shall make every attempt to disallow the intrusion by automatic dialers, alarm sys-tems, or automatic dialing and announcing devices on a 911 trunk. If intrusion by one of these devices should occur, those responsible for PSAP operations shall make every attempt to contact the responsible party to ensure there is no such further occurrence.

I. Each PSAP shall be equipped with an appropriate telecommunications device for the deaf (TDD) in accordance with 28 CFR Part 35.162, July 26, 1991.

10.14(3) Service providers shall adhere to the following minimum requirements: a. The PSAP shall be notified of service interruptions in accordance with the provisions of Iowa

Administrative Code 199-paragraph 22.6(3) "c." b. All service providers shall submit separate itemized bills to the E911 program manager, the

Iowa department of public safety, a joint E911 service board or PSAP operating authority, as appropriate.

Ch 10, p.12 Emergency Managementf605] lAC 9/23/98

c. The service provider shall respond, within a reasonable length of time, to all appropriate requests for information from the administrator, the Iowa department of public safety, a joint 911 service board or operating authority and shall expressly comply with the provisions of Iowa Code section 34A.8.

10.14(4) Voluntary standards. Current technical and operations standards applying to E911 systems and services can be found in the "American Society for Testing and Materials Standard Guide for Planning and Developing 911 Enhanced Telephone Systems" and in publications issued by the National Emergency Number Association. Standards contained in these documents shall be considered as guidance, and adherence thereto shall be voluntary. Notwithstanding the minimum standards published in these rules, it is intended that E911 telephone service providers, joint E911 service boards and operating authorities employ the best and most affordable technologies and methods available in providing E911 services to the public.

605-10.15(34A) Administrative hearings and appeals. 10.15(1) Administrator decisions regarding the acceptance or refusal of an E911 service plan, in

whole or in part, the implementation of E911 and the imposition of the E911 surcharge within a specific E911 service area may be contested by an affected party.

10.15(2) Request for a hearing shall be made in writing to the administrator within 30 days of the administrator's mailing or serving a decision and shall state the reason(s) for the request and shall be signed by the appropriate authority.

10.15(3) The administrator shall schedule a hearing within ten working days of receipt of the request for hearing. The administrator shall preside over the hearing at which time the appellant may present any evidence, documentation, or other information regarding the matter in dispute.

10.15(4) The administrator shall issue a ruling regarding the matter within 20 working days of the hearing. The ruling by the administrator shall be final.

These rules are intended to implement Iowa Code chapter 34A [Filed emergency 2/17/89-published 3/8/89, effective 2/17/89]

(Filed 6/1/89, Notice 3/8/89-published 6/28/89, effective 8/2/89*] (Filed emergency 8/29/89-published 9/20/89, effective 8/29/89]

[Filed 3/20/90, Notice 217/90-published 4/18/90, effective 5/23/90] (Filed 4/22/93, Notice 3/17/93-published 5/12/93, effective 6/16/93]

(Filed emergency 9/3/98-published 9/23/98, effective 9/4/98]

•Effective date of 812/89 delayed 70 days by the Administrative Rules Review Commillee at its July 11, 1989, meeting.


lAC 9/13/95, 9/23/98 Professional Licensure[ 645) Ch 141, p.l

CHAPTER 141 UCENSURE OF NURSING HOME ADMINISTRATORS

I Prior lo 11124/88, see Nursing Home Adminislralors Board of Examincrs(60CI), Cb 21

645-141.1(155) Requirement for licensure. All persons acting or serving in the capacity of a nursing home administrator shall hold a nursing home administrator's license issued by the board except as provided in Iowa Code section 155.9(3).

645-141.2(155) Minimum qualifications for licensure as a nursing home administrator prior to January I, 1999.

141.2(1) Personal qualifications of applicants. a. Each applicant must establish to the satisfaction of the board that the applicant is able to carry

out the duties of a nursing home administrator. b. Each applicant must have reached the age of majority. 141.2(2) Education qualifications of applicants. a. High school or equivalent education. Each applicant must establish to the satisfaction of the

board the fact of graduation from a high school accredited at the time of graduation by the state department of education or its equivalent of the state in which the high school is located, or achievement of a passing score on the general education and development examination as may be recognized as the equivalent of high school graduation by the state department of education of the state in which the examination was completed. This provision shall not be applicable if the applicant submits evidence of an associate of arts or higher college degree.

b. Health care education. Each applicant must establish to the satisfaction of the board successful completion of an academic and training program in nursing home administration prescribed, adopted and required by the board.

(1) Each applicant must complete a postsecondary academic program accredited by the North Central Accrediting Association of not less than 64 hours.

1. A curriculum of the program in long-term health care administration offered by an accredited college or university with an associate of arts degree complies with the educational requirements.

2. An applicant who does not meet criteria in 141.2(2)"b"(l)"l" must demonstrate satisfactory completion of requirements including:

6 semester hours of social sciences; and 6 semester hours of English or communications or both; and 5 semester hours of mathematics or science or both; and 10 semester hours of business management, accounting or business law or any combination thereof;

and 4 semester hours of gerontology; and 13 semester hours of health care administration; and 12 semester hours of long-term health care practicum (720 clock hours). There are nine areas of

practicum requiring 80 clock hours each; social services; dietary; legal aspects and government organizations; nursing; environmental services; activities/community resources; business administration; administrative organization; human resource management. Substitution of one year of long-term health care administration experience supervised by a licensed administrator may be allowed at the discretion of the board; and

8 semester hours of electives, for a total of 64 semester hours. (2) This shall not preclude the board from granting a license to an applicant showing satisfactory

evidence of sufficient education, training or experience in the foregoing fields to administer, supervise and manage a nursing home.

Ch 141, p.2 Professional Licensure[ 645] IAC9/23/98

(3) The required practicum shall be under a preceptor in an Iowa-licensed nursing home with no fewer than 25 beds, in accordance with the following:

1. The facility chosen for the practicum cannot be owned by a parent, spouse or sibling of the student;

2. The student cannot be a provisional administrator of the facility during the time of the practi-cum.

( 4) A preceptor must meet the following criteria: 1. Hold a current Iowa license in good standing as a nursing home administrator; 2. Have at least two years' experience as a licensed nursing home administrator; 3. Be present in the facility at least 75 percent of the student's practicum; 4. Not be related to the student as a parent, spouse or sibling. c. Examination. Each applicant shall be required to pass an examination in nursing home admin

istration subjects listed in 141.6(1) and 141.6(2).

645-141.3(155) Minimum qualifications for licensure as a nursing home administrator beginning January 1, 1999. Applicants who have not met the requirements of 141.2(155) resulting in a license prior to January 1, 1999, will need to file a new application with the board meeting the criteria in 141.3(155) to 141.6(155).

141.3(1) Personal qualifications of applicants. a. Each applicant must establish to the satisfaction of the board that the applicant is able to carry

out the duties of a nursing home administrator. b. Each applicant must have reached the age of majority. *141.3(2) Educational qualifications of applicants. a. Each applicant must establish to the satisfaction of the board successful completion of a bacca

laureate or postbaccalaureate degree in health care administration and approved by the board, from a college or university currently accredited by one of the following: a regional accrediting agency, an organization affiliated with the National Commission on Accrediting (Council of Post-secondary Accreditation), or the National Association of Boards of Examiners of Long Term Care Administrators.

b. In lieu of 141.3(2)"a," a minimum of: (1) A baccalaureate degree from a college or university currently accredited by a regional accred

iting agency or organization affiliated with the National Commission on Accrediting (Council of Postsecondary Accreditation); and

(2) 10 semester hours of business management, accounting or business law or any combination thereof; and

(3) 6 semester hours of gerontology; and ( 4) 12 semester hours in health care administration including but not limited to the areas of organi

zational management, regulatory management, personnel management, resident care management, environmental services management, and financial management; and

(5) 12 semester hours of long-term health care practicum (720 clock hours). There are nine areas of practicum requiring 80 clock hours each: social services; dietary; legal aspects and government organizations; nursing; environmental services; activities/community resources; business administration; administrative organization; human resource management. Substitution of one year of long-term health care administration experience supervised by a licensed administrator may be allowed at the discretion of the board.

•Effective date of subrulc 141.3(2) delayed until adjournment of the 1996 General Assembly by the the Administrative Rules Review Committee at ils meeting held October 10, 1995.

lAC 9/23/98 Professional Licensure[645] Ch 141, p.3

141.3(3) Exceptions to minimum education requirements. Any individual holding one of the following is deemed to meet the requirements of this rule:

a. A valid Iowa license as a nursing home administrator as of January 1, 1999, or b. Certification as an administrator in good standing with the American College of Health Care

Administrators. This rule is intended to implement Iowa Code sections 155.3 and 155.9.

645-141.4(155) Practicum/internship. 141.4(1) Practicum experience shall be under a preceptor in an Iowa-licensed nursing home in ac-

cordance with the following: a. The facility must have a licensed capacity of no fewer than 25 beds. b. The facility cannot be owned or operated by a parent, spouse or sibling of the student. c. The student may not be a provisional administrator of the facility during the time of practicum. d. The preceptor: (1) Must hold a current Iowa license in good standing as a nursing home administrator. (2) Must have at least two years' experience as a licensed nursing home administrator. (3) Must be present in the facility at least 75 percent of the student's practicum. (4) Cannot be related to the student as a parent, spouse or sibling. 141.4(2) The board may grant waivers of the total practicum requirement based on previous life

experience. Substitution of no less than one year of long-term health care administration experience may be allowed at the discretion of the board. Requests for approval of waivers of practicum must be accompanied by supporting documentation, verified by both the applicant and the applicant's employer under whom the experience was obtained.

141.4(3) Any falsification or misrepresentation contained in any report or document attesting the facts, conditions and activities of the internship or work experience and submitted by the applicant, administrator/preceptor or other participants may be grounds for denial of license or for suspension or revocation of the nursing home administrator license in addition to fines and any other penalties provided by law.

645-141.5(155) Application for licensure as a nursing home administrator. 141.5(1) Each applicant for licensure as a nursing home administrator shall complete an applica

tion on a form furnished by the board. The application, which may be obtained from the Professional Licensure Division, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075, supporting data and documents required by the board must be completed and on file at least 45 days prior to the announced licensure examination date. Each applicant found to be eligible for the examination date will be notified by letter to the address shown on the application, of eligibility for, and of the time and place of the examination at least 14 days prior to the examination date.

141.5(2) Each applicant who is otherwise qualified and has passed the approved state and national examinations will be notified of eligibility for licensure.

141.5(3) Each applicant who fails the state or national examination may apply for reexamination at the next examination scheduled by the board. The applicant shall not be examined more than three times for either the state or national examination, except as provided in subrule 141.5(4).

141.5(4) If the applicant fails a third state or national examination, education in areas established by the board must be obtained before another examination will be allowed or a license is issued.

141.5(5) Application forms are available from the Iowa department of public health. License and examination fees are sent to: Iowa Board of Examiners for Nursing Home Administrators, Iowa Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075. Examination fees must be received in the board office at least 20 days prior to the testing date.

Ch 141, p.4 Professional Licensure[645] lAC 9/23/98

141.5(6) Application forms will be considered current for a period of three years. If the applicant is '-..1 not licensed within three years from the date that the application is initially received, the application will be destroyed and all fees submitted will be forfeited.

645-141.6(155) Examination. Each applicant for licensure shall be required to pass a national and a state examination.

141.6(1) National examination. The passing score is a scaled score, set by the National Association for Boards of Examiners for Nursing Home Administrators. This examination tests knowledge of the domains of practice including:

a. Resident care management; b. Personnel management; c. Financial management; d. Organizational management; \..,' e. Environmental management; f. Regulatory management. 141.6(2) State examination. Applicants must obtain a score of no less than 75 percent to pass. This

examination tests knowledge of Iowa state rules and regulations as promulgated by: a. The Iowa department of inspections and appeals b. The Iowa department of human services c. The Iowa department of public safety d. The Iowa board of examiners for nursing home administrators. 141.6(3) Identification. At the time of the examination, examinees must present identification

which includes a current photograph. 141.6(4) Confidemiality. Information relating to the content of the examinations is confidential.

Willfully communicating or seeking to communicate such information, or willfully requesting, obtain- '..,! ing or seeking to obtain such information, may be grounds for disciplinary action including denial, suspension or revocation of a license to practice nursing home administration in addition to fines and any other penalties provided by law.

This rule is intended to implement Iowa Code subsection 155.3(3).

645-141.7(155) Provisional license. Effective January 1, 1999, under certain limited circumstances, and only upon the filing of an application requesting approval, a provisional administrator may be appointed to serve as the administrator of a nursing home. A provisional administrator is considered a temporary appointment, and the person appointed may serve as an administrator for a period of time not to exceed six months. The six-month appointment runs from the date approved by the board, and the months in service do not need to be consecutive. The person serving as a provisional administrator shall not be permitted to serve more than a total of six months.

141. 7(1) The limited circumstances under which the request for a provisional appointment shall be ""'-~ granted include the inability of the licensed administrator to perform the administrator's duties, the death of the licensed administrator or circumstances which prevent the immediate transfer of the li-censed administrator's duties to another licensed administrator.

IAC9/23/98 Professional Licensure[ 645] Ch 141, p.5

141. 7(2) Applications for a provisional appointment shall be in writing on a form prescribed by the board. Persons applying shall meet the following minimum qualifications:

a. Be at least 18 years of age. b. Be employed on a full-time basis of no less than 32 hours per week to perform the duties of the

nursing home administrator. c. Be knowledgeable of the nursing home administrators' domains of practice including resident

care management, personnel management, financial management, environmental management, regulatory management and organizational management.

d. Be without history of unprofessional conduct or denial or disciplinary action against a license to practice nursing home administration or any other profession by any lawful licensing authority for reasons outlined in 141.12(147,155,272C).

141.7(3) The board expressly reserves the right to withdraw approval of a provisional appointment. Withdrawal of approval shall be based on information or circumstances warranting such action.

645-141.8(155) License cycle. 141.8(1) Name and address changes. All board correspondence is mailed to the licensee at the last

known address on file with the board office. Licensees shall provide written notification to the professional licensure division within 60 days of any change in name or address; there is no charge for a change of name or address in board records.

141.8(2) New licenses. New licenses shall be issued from the date of examination through the current biennium, except that persons licensed after October 1 of an odd-numbered year shall be licensed in full for the next biennium.

141.8(3) Renewal of license. a. The period of licensure is January 1 of each even-numbered year through December 31 of the

next odd-numbered year. b. At least 60 days prior to the expiration of the license, the board office shall mail a renewal ap

plication and continuing education report form. c. The licensee shall submit to the board office the completed application and continuing educa

tion report form with the renewal fee as specified in 141.11(5). d. When the licensee has satisfactorily completed the requirements for renewal, a renewal shall

be issued and mailed to the licensee. 141.8(4) Late renewal. The board grants a 30-day grace period for renewal. Any administrator

who fails to submit the required renewal information and fee within 30 days after the expiration date on the current license and who has not submitted a request for inactive licensure status shall be considered a delinquent licensee.

a. Time frames for license renewal will not be extended based on failure to receive a renewal application due to change in address not reported to the board or failure to submit a completed continuing education report form or fees.

b. Immediately upon reaching a delinquent status, the delinquent licensee shall not practice nursing home administration in Iowa until the licensee is reinstated to current status.

c. If a delinquent licensee is found to be working without a current license, disciplinary action may be taken.

Ch 141, p.6 Professional Licensure[645) lAC 9/13/95, 9/23/98

645--141.9(155) Inactive license status. '-..! 141.9(1) Inactive license status is a status where the licensee is not required to obtain continuing

education or pay fees. An inactive licensee shall not practice nursing home administration in the state of Iowa.

141.9(2) Only current licensees may request inactive status. Licensees may request inactive status by one of the following methods:

a. The current certificate of license renewal may be returned to the board office prior to its expiration, with a written request for inactive status. Inactive status becomes effective immediately upon the board's receipt of the certificate.

b. Prior to the expiration of the current certificate, the licensee may submit the renewal form marked "requesting inactive status." Inactive status becomes effective when the current renewal certificate expires.

645--141.10(155) Reinstatement. 141.10(1) A delinquent licensee who wishes to reinstate to a current status shall make the request

in writing to the board. a. Upon receipt of the written request, the board office shall send an application, continuing

education report form, and statement of fees and penalties to the delinquent licensee. b. The continuing education renewal requirements and fees and penalties as outlined in

141.11(155) shall be cumulative and accrue from the date the licensee became delinquent to the date of renewal.

c. In addition to fees and penalties, any administrator who fails to renew a license within 90 days following the expiration of a current license may be required to meet with the board and, if through the interview process the board finds reasonable doubt that the licensee displays knowledge of the domains of practice, as listed in 141.6(1 ), the board may require the administrator to successfully complete any or all of the minimum qualifications for licensure as outlined in 141.3(155) prior to license renewal.

141.10(2) A licensee on inactive status may request reinstatement to current status by submitting a written request to the board office.

a. Upon receipt of written request, the board office shall send an application and continuing education report form.

b. An inactive licensee shall have completed 40 contact hours of continuing education as specified in 645-Chapter 143. The continuing education shall have been earned within the 24 months prior to reinstatement.

c. The licensee shall pay the reinstatement fee as specified in 141.11(12). d. In addition to fees and required continuing education materials, inactive licensees may be re

quired to meet with the board and, if through the interview process the board finds reasonable doubt that the licensee displays knowledge of the domains of practice, as listed in 141.6(1), the board may require the applicant to successfully complete any or all of the minimum qualifications for licensure as outlined in 141.3(155) prior to license renewal.

e. When issued, the active license shall be effective through the current biennium.

lAC 9/13/95, 9/23/98 Professional Licensure[ 645] Ch 141, p.7

645-141.11(155) Penalties and license fees. All fees are nonrefundable. 141.11(1) The basic application fee required from all applicants for licensure is $50. 141.11(2) The fee for the national examination determined by the NAB is to be paid by certified

check or money order made payable to NAB (National Board of Examiners for Nursing Home Administrators) and mailed to the Iowa board office at the address in 141.5(1).

141.11(3) The fee for the state examination is $75. 141.11(4) The fee for a provisional letter is $120 for a maximum six-month period of time. 141.11(5) The fee for biennial renewal of a license is $90 payable on or before December 31 of

each odd-numbered year. 141.11(6) The fee for a duplicate license to replace an original or for display in a second facility is

$10. 141.11(7) The fee for a biennial renewal of a duplicate license for display in a second facility is

$10, payable at the time of renewal for the original license. 141.11(8) The fee for a certified statement that a licensee is licensed in this state is $10. 141.11(9) The penalty fee for failure to obtain required continuing education credits within the

compliance period is $30. 141.11(10) The penalty fee for failure to renew a license prior to its expiration is $75 in addition to

the renewal fees. 141.11(11) The penalty fee for failure to renew a license after 30 days following the expiration is

$150 in addition to renewal fees. 141.11(12) The fee for reinstatement of a license is based on $45 per year, or any portion thereof,

from the date of reinstatement to the next December 31 of an odd-numbered year. 141.11(13) The application fee for an approved providership shall be $100.

645-141.12(147 ,155,272C) Sanctions, license denial, suspension and revocation. The board may deny an initial or renewal application, or invoke sanctions of citation and warning, probation, suspension or revocation of a nursing home administrator's license for the following reasons:

141.12(1) Obtaining or attempting to obtain a license by fraud or deceit. 141.12(2) Professional incompetence. 141.12(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the

practice of nursing home administration or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

141.12(4) Habitual intoxication or addiction to the use of drugs. 141.12(5) Conviction of a felony that is substantially related to the qualifications, functions or

duties of a nursing home administrator and evidences unfitness to perform as a nursing home administrator in a manner consistent with protecting the public health, safety and welfare, in the courts of this state or any other state territory, country or of the United States. As used in this paragraph, the term "conviction of a felony" shall include a conviction of an offense which if committed in this state would be deemed a felony under either state or federal law, without regard to its designation elsewhere. A copy of the record of conviction or plea of guilty shall be conclusive as evidence.

141.12(6) Having a license to practice nursing home administration or another profession revoked, suspended or annulled by any lawful licensing authority; or had other disciplinary action taken against the license by any lawful licensing authority; or was denied a license or was refused the renewal of a license by any lawful licensing authority pursuant to disciplinary proceedings.

141.12(7) Willful or repeated violations of any statute, rule or regulation regarding a nursing home.

141.12(8) Knowingly aided, assisted, procured, or advised any person to practice nursing home administration contrary to this chapter or to the rules and regulations of the board; or knowingly performed any act which in any way aids, assists, procures, advises, or encourages any unlicensed person or entity to practice nursing home administration.

Ch 141, p.8 Professional Licensure[ 645] lAC 9/13/95, 9/23/98

141.12(9) Failure to report to the board every adverse judgment in a professional or occupational malpractice action to which the licensee is a party, and every settlement of a claim against the licensee alleging malpractice.

141.12(10) Use of untrue or improbable statements in advertisements. 141.12(11) Failure to report to the board in writing a change of name or address within 60 days

after the change occurs.

645-141.13(155) Disciplinary procedure. 141.13(1) Proceedings. The proceeding for disciplinary action against a licensee or the denial of

a license shall be substantially in accord with the following procedures which are an alternative to or in addition to the procedures stated in Iowa Code chapters 272C and 17 A.

141.13(2) Investigations. The board shall, upon receipt of the complaint in writing, or may upon its own motion, pursuant to other evidence received by the board, review and investigate alleged acts or omissions which the board reasonably believes constitute cause under applicablelaw or administrative rule for license discipline.

141.13(3) Place and time of filing. The complaint may be delivered personally or by mail to the office of the board. The current address of the board is Board of Examiners for Nursing Home Administrators, Professional Licensure Division, Lucas State Office Building, Des Moines, Iowa 50319-0075.

141.13(4) Investigation of allegations. a. Complaints shall be initially reviewed by the discipline committee of the board. The discipline

committee is composed of a minimum of three board members including at least two nursing home administrator members and one professional member. The discipline committee may decide to take one of the following actions:

(1) Recommend to the board that the case be investigated by the department of inspections and appeals;

(2) Recommend to the board that a board member investigate the facts of the complaint; (3) Recommend to the board that the case be rejected. b. After consulting with disciplinary committee members, the board chairperson may direct that

an immediate investigation be made in cases that may present an imminent danger to the public. 141.13(5) Investigation report. Upon completion of an investigation, the investigator shall pre

pare a report for the board's consideration. Upon receipt of the report, the discipline committee shall decide whether probable cause exists for further proceedings and make a recommendation to the board.

141.13(6) Investigative interviews. a. In the course of conducting or directing an investigation, the board may request the licensee to

attend an informal investigatory interview before the board. The licensee is not required to attend the investigatory interview.

b. Because an investigatory interview constitutes a part of the board's investigation of a potential disciplinary case, statements that are made and facts which are discussed at the investigatory interview may be considered by the board in the event the matter proceeds to a contested case hearing and those statements and facts are independently introduced into evidence.

c. The licensee may be, but is not required to be, represented by an attorney at the informal discussion. The attorney may advise the licensee and may participate in general discussion and may, upon leave of the board, make statements on behalf of the licensee, but is not entitled to make procedural motions or objections or engage in argumentative advocacy on behalf of the licensee.

lAC 9/13/95, 9/23/98 Professional Licensure[ 645] Ch 141, p.9

d. The investigative interview shall be held in closed session pursuant to Iowa Code section 21.5(1).

e. The licensee or the board may seek an informal stipulation or settlement of the case at any time during the investigation, including during or after an investigative interview. The chairperson or the chairperson's designee may negotiate on behalf of the board. All informal settlements are subject to approval of a majority of the full board. If approved, the informal settlement becomes the final disposition of the matter and is a public record. No board member is disqualified from participating in the adjudication of any resulting contested case by virtue of reviewing the investigative material or having participated in negotiation discussions. If the parties agree to an informal settlement during the investigative process, a statement of charges shall be filed simultaneously with the settlement document. In the event a settlement is not reached under this rule, the poststatement of charges may still be utilized.

141.13(7) Informal settlement. a. Parties. (1) A contested case may be resolved by informal settlement. Settlement negotiations may be ini

tiated at any stage of a contested case proceeding. Neither party is obligated to utilize this procedure to settle the case. Negotiation of an informal settlement may be initiated by the board, the assistant attorney general representing the public interest, or the respondent. Initiation by the respondent shall be directly with the assistant attorney general representing the public interest.

(2) The chairperson of the discipline committee or that chairperson's designee has authority tonegotiate on behalf of the board.

b. Waiver of notice and opportunity to be heard. Consent to negotiation by the respondent constitutes a waiver of notice and opportunity to be heard pursuant to Iowa Code section 17 A.17 during informal settlement negotiation, and the assistant attorney general is thereafter authorized to discuss informal settlement with the board's designee until that consent is affirmatively withdrawn.

c. Negotiation deadline. Negotiations for a proposed settlement shall be completed at least seven days prior to the hearing date. However, in instances where additional time will clearly lead to a satisfactory settlement prior to the hearing date, the chairperson of the discipline committee may grant additional time.

d. Board approval. The full board shall not be involved in negotiation until a final, written settlement executed by the respondent is submitted to the full board for approval. All informal settlements are subject to approval of a majority of the full board. If approved, the informal settlement becomes the final disposition of the matter and is a public record. If the board fails to approve an informal settlement, it shall be of no force or effect to either party.

e. Participation of board member. The chairperson of the discipline committee or a board member who is designated to act in negotiation of an informal settlement may review investigative material in the course of conducting the negotiation. The negotiating board member is not disqualified from participating in the adjudication of the contested case by virtue of reviewing the investigative material or having participated in negotiation discussions.

141.13(8) Disposition of a complaint. a. If a determination is made by the board to reject the complaint, the complainant shall be in

formed of the status of the complaint. A letter of explanation concerning the decision of the board may be sent to the licensee involved.

b. If determination is made by the board to order further inquiry, the complaint and recommendations by the investigator(s) shall be returned to the investigator(s) along with a statement specifying the information deemed necessary.

c. If a determination of probable cause is made by the board to initiate disciplinary action, the board may recommend formal disciplinary proceedings.

Ch 141, p.10 Professional Licensure£645] lAC 9/13/95, 9/23/98

141.13(9) Order for hearing. The board may issue an order setting the time and place for hearing. A written notice of hearing together with a statement of the charges shall be served upon the licensee at least 30 days before the hearing by personal service or by certified mail, return receipt requested.

141.13(10) Notice of publication. If the nursing home administrator has left the state, the notice and statement of charges shall be so served at least 30 days before the date of the hearing, wherever they may be found. If the whereabouts of the nursing home administrator are unknown, service may be had by publication as provided in the rules of civil procedure upon filing the required affidavit. In case the nursing home administrator fails to appear, either in person or by counsel at the time and place designated in the notice, the board shall proceed with the hearing as hereinafter provided.

141.13(11) Statement of charges. The statement of charges shall set forth in ordinary and concise language the acts or omissions with which the licensee is charged, and shall be in sufficient detail to enable the efficient preparation of the licensee's defense. The statement of charges shall specify the statute(s) and any rule(s) which are alleged to have been violated and may also include additional information which the board deems appropriate to the proceeding.

141.13(12) Legal representation. Every statement of charges and notice of hearing prepared by the board shall be reviewed and approved by the office of the attorney general, which shall be responsible for the legal representation of the public interest in all proceedings before the board.

141.13(13) Prehearing conferences. A preheaTing conference may be conducted by the administrative law judge at the request of the board chairperson, the licensee, or office of attorney general. Each party shall be given the date, time and place of the preheaTing conference.

141.13(14) Appearance. The licensee shall have the right to appear in person and be represented by an attorney before the board at the licensee's expense.

141.13(15) Failure by licensee to appear. If a licensee, upon whom a proper notice of hearing has been served, fails to appear either in person or by counsel at the hearing, the board or hearing panel shall proceed with the conduct of the hearing, and the licensee shall be bound by the results of such hearing to the same extent as if the licensee were present.

141.13(16) Record of proceedings. Oral proceedings shall be recorded either by mechanical or electrical means, or by certified shorthand reporters. Any part of oral proceedings shall be transcribed at the request of any party with the expense of the transcription charged to the requesting party. Any recording or stenographic notes of oral proceedings or their transcription shall be filed and maintained for at least five years from the date of the decision. Any party to a proceeding may record, at the party's own expense, stenographically or electronically, any portion or all of the proceedings.

141.13(17) Hearings. A hearing shall be conducted before the board. a. When a hearing is held, the board chairperson or administrative law judge shall act as the pre

siding officer. The presiding officer shall be in control of the proceedings and shall have the authority to administer oaths, to admit or exclude testimony or other evidence and to rule on all motions and objections.

b. The board members have the right to conduct a direct examination of a witness's testimony. Direct examination and cross-examination by board members are subject to objections raised in accordance with the rules of evidence.

c. The hearing shall be open to the public unless the licensee's attorney requests that the hearing be closed to the public.

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lAC 9/13/95, 9/23/98 Professional Licensure[645) Ch 141, p.ll

141.13(18) Order of proceedings. Before testimony is presented, the record shall show the identity of any board members present, the identity of the primary parties and their representatives, and the fact that all testimony is being recorded. Hearings before the board shall generally follow the order established by these rules, subject to modification at the discretion of the board conducting the proceedings.

a. The presiding officer or designee shall read the specification of charges and the answer to them, or other responsive pleadings, filed by the respondent prior to the hearing.

b. The assistant attorney general representing the public interest before the board shall make an opening statement.

c. The respondent or respondents shall each be offered the opportunity to make an opening statement. A respondent may elect to reserve the respondent's opening statement until just prior to the representation of evidence by the respondent.

d. The presentation of evidence on behalf of the public. e. The presentation of evidence on behalf of the respondent(s). f. Rebuttal evidence on behalf of the public. g. Rebuttal evidence on behalf of the respondent(s). h. Closing arguments first on behalf of the public, then on behalf of the respondent, and then on

behalf of the public. 141.13(19) Notification of decision. All parties to a proceeding shall be promptly furnished with a

copy of any final decision or order either in person or by first-class mail, or by telephone if necessary to ensure that the parties learn of the decision or order first.

141.13(20) Rehearing. Within 20 days after issuance of a final decision, any party may file an application for a rehearing. The application shall state the specific grounds for rehearing and the relief sought. Copies shall be mailed to all other parties. The application shall be deemed denied if not granted within 20 days after service on the board.

a. Upon a rehearing, the board shall consider facts not presented in the original proceedings if either:

(1) The facts arose subsequent to the original proceedings; (2) The party offering evidence could not reasonably have provided it at the original proceedings;

or (3) The party offering the additional evidence was misled by any party as to the necessity for offer

ing the evidence at the original proceeding. b. The decision made upon a rehearing may incorporate by reference any and all parts of the deci

sion made upon the conclusion of the original proceeding. 141.13(21) Disciplinary decision. A decision to discipline a licensee shall remain in force and

effect until an appeal is finally determined and disposed of upon its merits. 141.13(22) Rules of general applicability. Ex parte communication, separation of functions, judi

cial review and appeals shall be in accordance with the terms of the Iowa administrative procedure Act. 141.13(23) Publication of decisions. Final decisions of the board relating to disciplinary proce

dures shall be transmitted to appropriate professional association(s) including the National Board of Examiners for Nursing Home Administrators, and a newspaper(s) of general circulation to be selected by the board.

141.13(24) Reinstatement. Any person whose license to practice has been revoked or suspended by the board may apply to the board for reinstatement in accordance with the terms and conditions of the order of revocation or suspension.

a. If the order of revocation or suspension did not establish terms and conditions upon which reinstatement might occur, or if the license was voluntarily surrendered, an initial application for reinstatement may not be made until one year has elapsed from the date of the order or the date of voluntary surrender.

Ch 141, p.12 Professional Licensure[ 645] lAC 9/23/98

b. All proceedings for reinstatement shall be initiated by the respondent, who shall file with the board an application for the reinstatement of the license. The application shall be docketed in the original case in which the license was revoked, suspended, or relinquished.

c. An application for reinstatement shall allege facts which, if established, will be sufficient to enable the board to determine that the basis for the revocation or suspension of the respondent's license no longer exists and that it will be in the public interest for the license of the nursing home administrator to be reinstated. The burden of proof to establish facts shall be on the respondent.

d. An order of reinstatement shall be based upon a decision which incorporates findings of facts and conclusions of law and must be based upon the affirmative vote of not fewer than five members of the board. This order will be published as provided for in subrule 141.13(23).

141.13(25) License denial. Any request to have a hearing before the board concerning the denial for a license shall be submitted by the applicant in writing to the board at the address in subrule 141.13(3) by mail or personal service on the board office, within 30 days of mailing of a notice of denial of license.

These rules are intended to implement Iowa Code chapter 155. [Filed 2/23171]

[Filed 3/19/76, Notice 2/9176-published 4/5/76, effective 5/10176] [Filed 11/18/76, Notice 9/22176-published 12/15176, effective 1/19177] [Filed 8/28178, Notice 3/8178--published 9/20/78, effective 10/25178] [Filed 12/8/78, Notice 9/20178--published 12/27/78, effective 1/31179]

[Filed 10/19/79, Notice 8/22179-published 11/14/79, effective 12/21179*] [Filed emergency 12/18179-published 1/9/80, effective 12/18179] [Filed 517/80, Notice 4/2/80--published 5/28/80, effective 717/80]

(Filed emergency 6/9/80--published 7/9/80, effective 717/80] [Filed 3/13/81, Notice 12/24/80--published 4/1/81, effective 517/81] [Filed 8/14/81, Notice 6/10/81-published 9/2/81, effective 1017/81] (Filed 3/18/82, Notice 2/3/82-published 4/14/82, effective 5/19/82]

[Filed 10/6/83, Notice 7/20/83-published 10/26/83, effective 12/1/83) (Filed emergency 11/30/83 after Notice 10/26/83-published 12/21/83, effective 11/30/83]

[Filed 5/11/84, Notice 3/14/84-published 6/6/84, effective 7/12/84] [Filed 7/13/84, Notice 6/6/84-published 8/1/84, effective 9/5/84]¢ [Filed 11/8/84, Notice 9/12/84-published 12/5/84, effective 1/9/85] (Filed 1/11/85, Notice 1117/84-published 1/30/85, effective 3/6/85] (Filed 4/4/85, Notice 12/5/84-published 4/24/85, effective 5/29/85] [Filed 7/10/85, Notice 6/5/85-published 7/31/85, effective 9/4/85]

(Filed 1/17/86, Notice 8/14/85-published 2/12/86, effective 3/21/86] [Filed 8/5/88, Notice 3/23/88--published 8/24/88, effective 9/28/88] (Filed 2/17/89, Notice 12/14/88--published 3/8/89, effective 4/12/89]

(Filed 11/22/89, Notice 9/20/89-published 12/13/89, effective 1/17/90] [Filed 4/13/90, Notice 2/21/90--published 5/2/90, effective 6/6/90] [Filed 7/20/90, Notice 4/4/90--published 8/8/90, effective 9/12/90]¢ (Filed 3/15/91, Notice 12/26/90--published 4/3/91, effective 5/8/91]

[Filed emergency 8/16/91-published 9/4/91, effective 8/16/91] (Filed 2/13/92, Notice 12/25/91-published 3/4/92, effective 4/8/92]

(Filed 8/25/95, Notice 3/15/95-published 9/13/95, effective 10/18/95**] [Filed 9/4/98, Notice 7/15/98--published 9/23/98, effective 10/28/98]

•Effective dale of rule 600-2.7 delayed by lhc AdministJativc Rules Review Commitlce 70 days. ••Effcctivcdalc of64S-subrule 141.3(2). delayed until adjournment or the 1996Gcncral ~mbly by lhc Administrative Rules RcvicwCommittcc at its meeting held October 10, 1995. ~1\voARO;

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lAC 8/2/95, 9/23/98 Professional Licensure( 645]

PODIATRY

CHAPTER220 PODIATRY EXAMINERS

I Prior 10 Stl8J88, see Health Department(470J, 0! 139)

645-220.1(147,149) Examination and licensure requirements.

Ch 220, p.1

. 220.1(1) All applications for examination must be made upon the official forms supplied by the Board of Podiatry Examiners, Department ofPublicHealth, Lucas State Office Building, Des Moines, Iowa 50319-0075.

Incomplete applications on file for two years will be destroyed. Application fees are not refundable. 220.1(2) The application forms fully completed per instructions on forms shall be filed with the

board of podiatry examiners, with all required supporting documents and fee at least 30 days before the date of examination. Application requirements are as follows:

a. Submit a completed application form with official supporting documents and the appropriate application fee to the Iowa board of podiatry examiners;

b. Submit the appropriate examination fee, if taking the PMLexis in Iowa, directly to the National Board of Podiatric Medical Examiners;

c. Present with the application an official copy (8" x 11 ")of diploma and official transcript proving graduation from a college of podiatric medicine approved by the American Association of Colleges of Podiatric Medicine;

d. Pass all of Part 1 and Part 2 of the National Board of Podiatry Examiners Examination with substantiating documentation;

e. For any applicant who graduates from podiatric college on or after January 1, 1995, present documentation of successful completion of a one-year residency or preceptorship approved by the American Podiatric Medical Association's Council on Podiatric Medical Education or a college of podiatric medicine approved by the American Association of Colleges of Podiatric Medicine;

f. If licensed in another state, also present with the application an official copy of license and current renewal of license to practice podiatry issued by another state, and an official statement issued by a licensing board or department that no disciplinary action is pending against the applicant and the applicant does not have a suspended or revoked podiatry license in any other state.

220.1 (3) Applicants who file incomplete applications will not be allowed to take the examination. 220.1 ( 4) Applicants who graduated from podiatric college in 1961 or before that year, are currently

licensed in another state and have practiced for the immediate 24 months prior to application may be exempted from the application requirement listed in 220.1(2)"c" based on their credentials and the discretion of the board.

220.1(5) The statements made on the application form and supporting documents shall be subscribed and sworn to by the applicant and attested under seal by a notary public.

220.1(6) A senior student expecting to graduate from an accredited podiatry college at the end of the spring term may be admitted to the state examinations held in June upon a presentation of a certificate from the dean of the college stating that the applicant has conformed to all the college requirements and will be granted a diploma at commencement. The examination papers will not be rated until the diploma has been received and verified by the board of podiatry examiners, department of public health.

220.1(7) No candidate shall under any circumstances enter the examination late unless excused by the examiners and no candidates shall leave the room after the distribution of the examination. Candidates shall not be permitted to leave the room during the examination unless accompanied by one of the examiners or a clerk endorsed by the board.

Ch 220, p.2 Professional Licensure[645] lAC 8/2/95, 9/23/98

220.1(8) The candidates will not be permitted to communicate with each other during the examination, nor to have in their possession assistance of any kind. Any applicant detected in seeking or giving assistance during the examination will be dismissed and the candidate's examination canceled.

220.1(9) Applicants passing the PMLexis (Virginia) written examination given by Iowa within three years prior to making application in Iowa shall not be required to pay examination fees or take the examination. However, these applicants shall meet all other requirements for licensure, as outlined in subrule 220.1(2) and shall show official certification of grades and passing score as stated in subrule 220.1(5).

Applicants who passed the PMLexis more than three years prior to date of application in Iowa must submit verification of proof of podiatry practice for one of the last three years.

220.1(10) to 220.1(12) Rescinded lAB 7/12/89, effective 8/16/89. 220.1(13) Rescinded lAB 1/4/95, effective 2/8/95. 220.1(14) Rescinded lAB 7/12/89, effective 8/16/89. 220.1(15) A passing score as recommended by the administrators of the PMLexis (Virginia) ex

amination will be required to pass the state-issued examination. This is not to be confused with requirements for passage of national boards.

220.1(16) Rescinded, effective 5/19/82. 220.1(17) At the conclusion of the examination each candidate will be required to sign the fol

lowing: Declaration of Honorable Conduct in Taking Examination: We, the undersigned, each declare that we are applicants for certificates from the Iowa Department

of Public Health as certified to it by the State Board of Podiatry Examiners authorizing us to practice Podiatry in Iowa, and that we were present and took the examination held at . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iowa, on ....................... , 19 . . . . . . . . . . . .

We further declare we neither received nor extended any aid to others nor resorted to any means whatsoever to secure the required ratings to enable us to pass.

We further declare that we did not see any of the sets of questions used at this examination until they were distributed by the examiners.

220.1(18) Rescinded lAB 7/12/89, effective 8/16/89. This rule is intended to implement Iowa Code sections 147.36 and 147.80.

645-220.2 Rescinded lAB 7/12/89, effective 8/16/89.

645-220.3(147) Fees. All fees are nonrefundable. Checks should be made payable to the Iowa Board of Podiatry Examiners.

220.3(1) Application fee or reinstatement fee for a license to practice podiatry is $100. 220.3(2) Rescinded lAB 8/2/95, effective 9/6/95. 220.3(3) Fee for renewal of license to practice podiatry for a biennial period is $140. 220.3(4) Fee for a certified statement that a licensee is licensed in this state is $10. 220.3(5) Fee for a replacement license is $10. 220.3(6) Application for a temporary license is $100. The annual renewal fee for a temporary li

cense is $15. 220.3(7) Penalty fee for failure to renew at required time is $50. 220.3(8) Penalty fee for failure to complete continuing education requirements as provided in rule

220.101(272C) is $50. 220.3(9) Penalty fee for failure to file the Report of Continuing Education Hours for License Re

newal at the required time is $25. This rule is intended to implement Iowa Code sections 147.34, 147.76 and 147.80 and chapter 149.

lAC 1/4/95, 9/23/98 Professional Licensure[645] Ch 220, p.3

~ 645-220.4(147,149) Temporary license. 220.4(1) A temporary license may be issued for one year and at the discretion of the board may be

annually renewed not to exceed two additional years. 220.4(2) Each applicant shall: a. Submit a completed application form with official supporting documents and the accompa

nied fee of $100. b. Present with the application an official copy (8n x 11 n) of diploma and official transcript prov

ing graduation from a college of podiatric medicine approved by the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association.

c. Pass all of Part 1 and Part 2 of the National Board of Podiatry Examiners' examination with substantiating documentation.

d. Show good reason why a temporary podiatric license should be issued, by furnishing an affida~ vit by a licensed podiatrist, institution director, or dean of an approved podiatric college from this state,

setting forth the facts supporting the need for issuance of said license, of which the following reasons shall qualify:

(1) Purchase or assumption of a podiatric practice. (2) Aiding a licensed podiatrist, in the state of Iowa, because of the licensee's disability. (3) Association with an Iowa-licensed podiatrist. (4) Faculty member of a podiatry school in Iowa. (5) Acceptance in a residency program approved by the Council on Podiatric Medical Education

(CPME) of the American Podiatric Medical Association or a preceptorship program approved by a sponsoring accredited podiatry college.

e. Rescinded lAB 1/4/95, effective 2/8/95. f. If licensed in another state, also present with the application an official copy of license and

~ current renewal of license to practice podiatry issued by another state, and an official statement issued by a licensing board or department that no disciplinary action is pending against the applicant and the applicant does not have a suspended or revoked podiatry license in any other state.

Applicants must realize that the ultimate decision to issue a temporary license resides with the board, and a temporary license shall be surrendered if reason for issuance ceases to exist.

220.4(3) Applicants who graduated from podiatric college in 1961 or before that year, are currently licensed in another state and have practiced for the immediate 24 months prior to application may be exempted from the application requirement listed in 220.4(2)"c, based on their credentials and the discretion of the board.

220.4( 4) The chairperson of the board of examiners may administer the oral examination and may authorize the issuance of a temporary certificate following conferral with and approval by a majority of the board members. Conferral and approval may be given by mail or telephone as well as by formal meeting of the board.

\.wJ This rule is intended to implement Iowa Code sections 149.4 and 149.7.

645-220.5(514F) Utilization and cost control review. 220.5(1) The board shall establish U.C.C.R. (Utilization and Cost Control Review) committee(s).

The name(s) of the committee(s) shall be on file with the board and available to the public. The designation of the committee(s) shall be reviewed annually.

220.5(2) Members of the U.C.C.R. committee shall: a. Hold a current license. b. Practice podiatry in the state of Iowa for a minimum of five years. c. Be actively involved in a podiatric practice during the term of appointment as a U.C.C.R. com

mittee member. d. Not assist in the review or adjudication of claims in which the committee member may reason

Uably be presumed to have a conflict of interest.

Ch 220, p.4 Professional Licensure[ 645] lAC 3/16/94,9/23/98

220.5(3) Procedures for utilization and cost control review. A request for review may be made to the board by any person governed by the various chapters of Title XX of the Iowa Code, self-insurers for health care benefits to employees, other third-party payers, podiatry patients or licensees.

a. The maximum fee for service shall not exceed $100 per case, which will be made payable by the patient directly to the U.C.C.R. committee. The committee shall make a yearly accounting to the board.

b. A request for service shall be submitted to the executive director ofthe U.C.C.R. committee on an approved submission form and shall be accompanied by four copies of all information. All references to identification and location of patient and doctor shall be deleted and prepared for blind review by the executive director of the U.C.C.R. committee. The information shall be forwarded to the U.C.C.R. committee.

c. The U.C.C.R. committee shall respond in writing to the parties involved with its findings and recommendations within 90 days. The committee shall review the appropriateness of levels of treatment and give an opinion as to the reasonableness of charges for diagnostic or treatment services rendered as requested. The U.C.C.R. committee shall submit a yearly report of their activities to the board.

220.5(4) Types of cases reviewed shall include: a. Utilization. (1) Frequency of treatment. (2) Amount of treatment. (3)' Necessity of service. (4) Appropriateness of treatment. b. Usual and customary service. 220.5(5) Criteria for review may include, but are not limited to: a. Was diagnosis compatible and consistent with information? b. Were X-ray and other examination procedures adequate, or were they insufficient or nonre-

lated to history or diagnosis? c. Were clinical records adequate, complete, and of sufficient frequency? d. Was treatment consistent with diagnosis? e. Was treatment program consistent with scientific knowledge and academic and clinical train

ing in accredited podiatric colleges? f. Were charges reasonable and customary for the service? 220.5(6) Members of the U.C.C.R. committee shall observe the requirements of confidentiality

imposed by Iowa Code chapter 272C. 220.5(7) Action of the U.C.C.R. committee does not constitute an action of the board. This rule is intended to implement Iowa Code chapter 514F.

645-220.6(139C) Preventing mv and HBV transmission. Any licensed podiatrist shall comply with the recommendations for preventing transmission of human immunodeficiency virus and hepatitis B virus to patients during exposure-prone invasive procedures issued by the centers for disease control of the United States Department of Health and Human Services, or with the recommendations of the expert review panel established pursuant to Iowa Code section 139C.2(3) and applicable hospital protocols established pursuant to section 139C.2(1 ). Failure to comply will be grounds for disciplinary action.

This rule is intended to implement Iowa Code chapter 139C.

lAC 3/16/94,9/23/98 Professional Licensure[ 645] Ch 220, p.5

64S-220.7(272C) License renewal. 220.7(1) The biennial renewal period shall extend from July 1 of each even-numbered year until

June 30 of the next even-numbered year. The continuing education period shall extend from January 1 of the even-numbered year until December 31 of the next odd-numbered year.

220. 7(2) Individuals who have met continuing education requirements for the biennium and wish to have their license renewed shall complete and file the Report of Continuing Education Hours for Licensure Renewal by Aprill of even-numbered years. Failure to do so will result in a penalty fee and possible audit of the licensee's continuing education report.

220.7(3) Individuals who have met continuing education requirements for the previous biennium and wish to have their license renewed shall complete the board-approved renewal form and return the form with required fee to Professional Licensure, Department of Public Health, Lucas State Office Building, Des Moines, Iowa 50319-0075, by June 30 of the even-numbered year. Failure to do so will result in a penalty fee and possible audit of the licensee's continuing education report.

220.7(4) Individuals who have not fulfilled the requirements for license renewal or applied for an exemption by July 1 of the even-numbered year will have a lapsed license and shall not engage in the practice of podiatry. ·

64S-220.8(272C) Reinstatement of lapsed license. Individuals allowing a license to lapse and not renewing within 30 days of the renewal date must apply for reinstatement prior to engaging in the practice of podiatry in Iowa. The following requirements for reinstatement must be satisfied:

220.8(1) Submit written application for reinstatement to the board upon forms provided by the board with the reinstatement fee, all penalty fees, and current and past renewal fees not to exceed five renewals; and

220.8(2) Furnish in the application evidence of one of the following: a. The full-time practice of podiatry in another state of the United States or the District of Colum

bia and completion of continuing education for each renewal period that the license is lapsed substantially equivalent in the opinion of the board to that required under these rules; or

b. Completion of 30 hours of accredited continuing education for each renewal period prior to 1990 and 40 hours of accredited continuing education for each renewal period since 1990 that license has been lapsed, not to exceed five renewal periods; or

c. Successful completion of the Iowa state license examination conducted within one year immediately prior to the submission of such application for reinstatement.

These rules are intended to implement Iowa Code section 272C.2.

645-220.9 to 220.99 Reserved.

Ch 220, p.6 Professional Licensure[645] lAC 3/16/94, 9/23/98

PODIATRIST CONTINUING EDUCATION AND DISCIPUNARY PROCEDURES

645-220.100(272C) Definitions. For the purpose of these rules, the following definitions shall apply:

"Accredited sponsor" means a person or an organization sponsoring continuing education activities which has been approved by the board as a sponsor pursuant to these rules. During the time an organization, educational institution, or person is an accredited sponsor, all continuing education activities· of such person or organization may be deemed automatically approved.

"Approved program or activity" means a continuing education program activity meeting the standards set forth in these rules which has received advance approval by the board pursuant to these rules.

"Board" means the board of podiatry examiners. ''Hour" of continuing education means a clock-hour spent after December 31, 1978, by a licensee

in actual attendance at and completion of an approved continuing education activity. "License" means a license to practice podiatry. "Licensee" means any person licensed to practice podiatry in the state of Iowa.

645-220.101(272C) Continuing education requirements. 220.101(1) Rescinded lAB 7/12/89, effective 8/16/89. 220.101(2) Beginning January 1, 1982, the continuing education compliance period shall extend

from January 1,1982, toDecember31, 1983, and each biennium thereafter, during which period attendance at approved continuing education programs may be used as evidence of fulfilling continuing education requirements for the subsequent biennial license renewal period beginning July 1 of each even-numbered year.

220.101(3) Rescinded lAB 7/12/89, effective 8/16/89. 220.101(4) Continuing education requirements relating to licensees are as follows: a. Each licensee will be required to maintain a file of certificates of attendance for continuing

education hours accrued during each biennium, and retain this record of proof for four years from the end of each biennium.

b. Each licensee will.file the Report of Continuing Education Hours for License Renewal by April! of even-numbered years. Failure to do so will result in a penalty fee as described in subrule 220.3(9) and a possible audit of the licensee's reports.

c. A group of licensees will be audited each biennium and will be required to submit to the board copies of certificates of attendance and a description of program content that will indicate the integral relationship of the program to the practice of podiatry. If audited, this certificate of attendance will contain the following information: date of program, program title and program site, the number of clock hours attended, name of sponsor, and licensee's name; or a personal letter to the licensee with the appropriate information (as listed above) signed by a program official. The licensees who are audited will be chosen in a random manner or at the discretion of the board. Falsifying reports or failure to meet continuing education requirements will cause the license to lapse and may result in formal disciplinary action.

220.101(5) If a new licensee is licensed during the first year of the biennial continuing education period, the licensee is only required to complete 15 hours (20 hours from 1990 on) of continuing education for the first license renewal. If a new licensee is licensed during the second year of the biennial continuing education period, the licensee will be exempt from meeting continuing education requirements for the first license renewal. The new licensee will be required to obtain 40 hours of continuing education for license renewal, as of January 1, 1990.

IAC9/23/98 Professional Licensure£645) Ch 220, p.7

~ 645-220.102(272C) Standards for approval. 220.102(1) Continuing education is that education which is obtained by a licensee in order to

maintain, improve or expand skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge. A continuing education activity which meets all of the following criteria is appropriate for continuing education credit.

a. It constitutes an organized program of learning (including a workshop or symposium) which contributes directly to the professional competency of the licensee; and

b. It pertains to common subjects or other subject matters which integrally relate to the practice of podiatry, such as scientific-oriented material or risk management. No office management courses will be accepted by the board of podiatry examiners; and

c. It is conducted by individuals who have a special education, training and experience by reason of which said individuals would be considered experts concerning the subject matter of the program

\_,I and is accompanied by a paper, manual or written outline which substantively pertains to the subject matter of the program. Continuing medical education credits will not be awarded unless the physician is in physical attendance; and

d. It fulfills stated program goals or objectives, or both; and e. It provides proof of attendance to include the following: (1) Date, place, course title, presenter(s). (2) Number of program contact hours. (3) Official signature of program sponsor. 220.102(2) Continuing education credit may be granted for the following: a. An educational activity in which participants and faculty are present at the same time and at

tendance can be verified. Such activities include lectures, conferences, focused seminars, clinical and practical workshops, simultaneous live satellite broadcasts and teleconferences.

\. 1

b. A maximum often hours of credit per biennium will be given for viewing videotaped presenta-~ tions if the following criteria are met:

(1) There is an approved sponsoring group or agency. (2) There is a facilitator or program official present. (3) The program official shall not be the only attendee. (4) The program meets all the criteria of220.102(1). c. Computer-assisted instructional courses or programs pertaining to patient care and the prac

tice of podiatric medicine and surgery will be considered for a maximum of ten hours of credit per biennium. These courses and programs must be approved by the American Podiatric Medical Association or its affiliates and have a certificate of completion that includes the following information:

(1) Date course/program was completed. (2) Title of course/program. (3) Number of course/program contact hours.

\....,1 (4) Official signature of course/program sponsor.

\..,)

645-220.103(272C) Approval of sponsors, programs and activities. Continuing education activity shall be approved if it is of a podiatric scientific nature and sponsored by an accredited college of podiatric medicine or the American Podiatric Medical Association or a regional or state affiliate or nonprofit hospital. Prior approval is not required. Credit is given only for actual hours attended.

Ch 220, p.8 Professional Licensure£645] lAC 3/16/94,9/23/98

645-220.104(272C) Hearings. In the event of denial, in whole or part, of any application for ap- \,) proval of a continuing education program or credit for continuing education activity, the applicant or licensee shall have the right, within 20 days after the sending of the notification of the denial by ordi-nary mail, to request a hearing which shall be held within 60 days after receipt of the request for hea-ring. The hearing shall be conducted by the board or a qualified administrative law judge designated by the board. If the hearing is conducted by a administrative law judge, the administrative law judge shall submit a transcript of the hearing including exhibits to the board after the hearing with the proposed decision of the administrative law judge. The decision of the board or decision of the administrative law judge after adoption by the board shall be final.

645-220.105 Rescinded lAB 7/12/89, effective 8/16/89.

645-220.106(272C) Attendance record report. The person or organization sponsoring an approved continuing education activity shall provide a certificate of attendance to the licensee giving the required information as outlined in subrule 220.101(2), paragraph "c."

645-220.107(272C) Disability or illness. The board may, in individual cases involving disability or illness, grant waivers of the minimum education requirements or extensions of time within which to fulfill the same or make the required reports. No waiver or extension of time shall be granted unless written application shall be made on forms provided by the board and signed by the licensee and an appropriately licensed health care professional, and the waiver is acceptable to the board. Waivers of the minimum educational requirements may be granted by the board for any period oftime not to exceed one calendar year. In the event that the disability or illness upon which a waiver has been granted continues beyond the period of the waiver, the licensee shall reapply for an extension of the waiver. The board may, as a condition of any waiver granted, require the applicant to make up a certain portion or all of the minimum educational requirements waived by such methods as may be prescribed by the board.

645-220.108(272C) Exemptions for inactive practitioners. A licensee who is not engaged in practice in the state of Iowa residing within or without the state of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written application to the board. The application shall contain a statement that the applicant will not engage in the practice of podiatry in Iowa without first complying with all regulations governing reinstatement after exemption. The application for a certificate of exemption shall be submitted upon the form provided by the board.

645-220.109(272C) Reinstatement of inactive practitioners. Inactive practitioners who have been granted a waiver of compliance with these regulations and obtained a certificate of exemption shall, prior to engaging in the practice of podiatry in the state of Iowa, satisfy the following requirements for reinstatement:

220.109(1) Submit written application for reinstatement to the board upon forms provided by the board with appropriate $100 reinstatement fee; and

220.109(2) Furnish in the application evidence of one of the following: a. The full-time practice of podiatry in another state of the United States or the District of Colum

bia and completion of continuing education for each year of inactive status substantially equivalent in the opinion of the board to that required under these rules; or

"-"'

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lAC 3/16/94, 9/23/98 Professional Licensure[645] Ch 220, p.9

\,) b. Completion of a total number of hours of accredited continuing education computed by multi-plying 20 by the number of years a certificate of exemption shall have been in effect for such applicant; or

c. Successful completion of the Iowa state license examination conducted within one year immediately prior to the submission of such application for reinstatement.

These rules are intended to implement Iowa Code section 272C.2.

645-220.110 to 220.199 Reserved.

645-220.200(272C) Definitions. For the purpose of these rules, the following definitions shall apply:

"Board" means the board of podiatry examiners. "Licensee" means any person licensed to practice podiatry in the state of Iowa.

645-220.201(272C) Complaint. A complaint of a licensee's professional misconduct shall be made in writing by any person to the Board of Podiatry Examiners, Professional Licensure, Lucas State Office Building, Des Moines, Iowa 50319-0075. The complaint shall include complainant's name, address and telephone number, be signed and dated by the complainant, shall identify the licensee, and shall give the address and any other information about the licensee which the complainant may have concerning the matter.

645-220.202(272C) Report of malpractice claims or actions. Each licensee shall submit a copy of any judgment or settlement in a malpractice claim or action to the board within 30 days after the occur-

\._) renee at the address given in rule 645-220.201(272C).

645-220.203(272C) Investigation of complaints or malpractice claims. The chairperson of the board of podiatry examiners shall assign an investigation of a complaint or a malpractice claim to a member of the board who will be known as the investigating board member or may request the Iowa department of public health to investigate themmplaint of malpractice claim. The investigating board member or department-assigned investigator may request information from any peer review committee which may be established to assist the board. The investigating board member or department-assigned investigator may consult with the assistant attorney general concerning the investigation or evidence produced from the investigation. The investigating board member, the department-assigned investigator, or an assistant attorney general shall make a written determination whether there is probable cause for a disciplinary hearing. The investigating board member shall not take part in the decision of the board, but may appear as a witness.

645-220.204(17 A,272C) Alternative procedure and settlement. 220.204(1) A disciplinary hearing before the licensing board is an alternative to the procedure

provided in Iowa Code sections 147.58 to 147.71. 220.204(2) Informal settlement-parties. a. A contested case may be resolved by informal settlement. Negotiation of an informal settle

ment may be initiated by the state oflowa represented by the prosecuting attorney, the respondent, or the board. The board shall designate a board member with authority to negotiate on behalf ofthe board.

b. The full board is not involved in negotiation until presentation of a final, written form to the full board for approval.

Ch 220, p.lO Professional Licensure[ 645] lAC 3/16/94, 9/23/98

220.204(3) Informal seulement-waiver of notice and opportunity to be heard. Consent tonegotiation by the respondent constitutes a waiver of notice and opportunity to be heard pursuant to Iowa Code section 17 A.17 during informal settlement negotiation. Thereafter, the prosecuting attorney is authorized to discuss informal settlement with the board's designee.

220.204(4) Informal settlement-board approval. All informal settlements are subject to approval of a majority of the full board. No informal settlement shall be presented to the board for approval except in final, written form executed by the respondent. If the board fails to approve the informal settlement, it shall be of no force or effect to either party.

220.204(5) Informal selllement-disqualification of designee. A board member who is designated to act in negotiation of an informal settlement is not disqualified from participating in the adjudication of the contested case.

This rule is intended to implement Iowa Code section 17A.10 and chapter 272C.

645-220.205(272C) License and temporary license denial. Any request for a hearing before the board concerning the denial of a license or temporary license shall be submitted by the applicant in writing to the board at the address in rule 220.201(272C) by certified mail, return receipt requested, within 30 days of the mailing of a notice of denial of license.

645-220.206(272C) Notice of hearing. If there is a finding of probable cause for a disciplinary hearing, the division of professional licensure of the department shall prepare the notice of hearing and transmit the notice of hearing to the respondent by certified mail, return receipt requested, at least ten days before the date of the hearing.

645-220.207(272C) Hearings open to the public. A hearing of a licensing board concerning a li-censee or an applicant shall be open to the public unless the licensee or applicant or the applicant's \.._,) attorney requests in writing that the hearing be closed to the public.

645-220.208(272C) Hearings. The board adopts the rules of the department of public health found in 641-Chapter 173 as the procedure for hearings before the board. The board may authorize an administrative hearing officer to conduct the hearings, administer oaths, issue subpoenas, and prepare written findings of fact, conclusions of law, and decision at the discretion of the board. If a majority of the board does not hear the disciplinary proceedings, a recording or a transcript of the proceedings shall be made available to the members of the board who did not hear the proceeding.

645-220.209(272C) Appeal. Any appeal to the district court from disciplinary action of the board or denial of license shall be taken within 30 days from the issuance of the decision by the board. It is not necessary to request a rehearing before the board to appeal to the district court.

645-220.210(272C) Transcript. The party who appeals a decision of the board to the district court shall pay the cost of the preparation of a transcript of the administrative hearing for the district court.

645-220.211(272C) Publication of decisions. Final decisions of the board relating to disciplinary proceedings shall be transmitted to the appropriate professional association, the news media, the employer and the Federation of Podiatric Medical Boards.

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lAC 3/16/94, 9/23/98 Professional Licensure[645] Ch 220, p.ll

645-220.212(272C) Discipline. For all acts and offenses listed in this rule, the board may impose any of the disciplinary methods outlined in Iowa Code section 272C.3(2) "a" to "/"including the imposition of a civil penalty which shall not exceed $1000. The board may discipline a licensee for any of the following reasons:

220.212(1) All grounds listed in Iowa Code section 147.55 which are: a. Fraud in procuring a license. b. Professional incompetency. c. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice

of a profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

d. Habitual intoxication or addiction to the use of drugs. e. Conviction of a felony related to the profession of the licensee or the conviction of any felony

that would affect the licensee's ability to practice within a profession. A copy of the record of conviction or a plea of guilty shall be conclusive evidence.

f. Fraud in representations as to skill or ability. g. Use of untruthful or improbable statements in advertisements. h. Willful or repeated violations of the provisions of Iowa Code chapter 147. 220.212(2) Violation of the rules promulgated by the board. 220.212(3) Personal disqualifications: a. Mental or physical inability reasonably related to and adversely affecting the licensee's ability

to practice in a safe and competent manner. b. Involuntary commitment for treatment of mental illness, drug addiction or alcoholism. 220.212(4) Practicing the profession while the license is suspended. 220.212(5) Suspension or revocation of license by another state. 220.212(6) Negligence by the licensee in the practice of the profession, which is a failure to exer

cise due care including negligent delegation to or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.

220.212(7) Prohibited acts consisting of the following: a. Permitting an unlicensed employee or person under the licensee's control to perform activities

requiring a license. b. Permitting another person to use the licensee's license for any purpose. c. Practice outside the scope of a license. d. Obtaining, possessing, or attempting to obtain or possess a controUed substance without law

ful authority; or selling, prescribing, giving away, or administering controlled substances for other than lawful therapeutic purposes.

e. Verbally or physicaJJy abusing patients.

Ch 220, p.12 Professional Licensure[ 645) lAC 3/16/94, 9/23/98

220.212(8) Unethical business practices, consisting of any of the following: a. False or misleading advertising. b. Betrayal of a professional confidence. c. Falsifying patients' records. 220.212(9) Failure to report a change of name or address within 30 days after it occurs. 220.212(10) Submission of a false report of continuing education or failure to submit the biennial

report of continuing education. 220.212(11) Failure to notify the board within 30 days after occurrence of any judgment or settle

ment of a malpractice claim or action. 220.212(12) Failure to comply with a subpoena issued by the board. 220.212(13) Failure to report to the board as provided in rule 645-220.201(272C) any violation by

another licensee of the reasons for disciplinary action as listed in this rule. 220.212(14) Failure to comply with 645-220.6(139C) for preventing HIV and HBV transmis

sion.

64S-220.213(272C) Peer review committees. 220.213(1) Each peer review committee for the profession, if established, may register with the

board of examiners within 30 days after the effective date of these rules or within 30 days after formation.

220.213(2) Each peer review committee shall report in writing within 30 days of the action, any disciplinary action taken against a licensee by the peer review committee.

220.213(3) The board may appoint peer review committees as needed consisting of not more than five persons who are licensed to practice podiatry to advise the board on standards of practice and other matters relating to specific complaints as requested by the board. The members of the peer review committees shall serve at the pleasure of the board. The peer review committees shall observe the requirements of confidentiality provided in Iowa Code chapter 272C.

These rules are intended to implement Iowa Code sections 272C.4 to 272C.6.

645-220.214 to 220.299 Reserved.

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lAC 9/23/98 Professional Licensure£645] Ch 220, p.13

PROCEDURES FOR USE OF CAMERAS AND RECORDING DEVICES AT OPEN MEETINGS

645-220.300(21) Conduct of persons attending meetings. 220.300(1) The person presiding at a meeting of the board may exclude a person from an open

meeting for behavior that obstructs the meeting. 220.300(2) Cameras and recording devices may be used at open meetings provided they do not

obstruct the meeting. If the user of a camera or recording device obstructs the meeting by the use of such device, the person presiding may request the person to discontinue use of the camera or device. If the person persists in use of the device or camera, that person shall be ordered excluded from the meeting by order of the board person presiding at the meeting.

This rule is intended to implement Iowa Code section 21.7. [Filed prior to July 1, 1952]

[Filed 4/29177, Notice 3/23177-published 5/18177, effective 6/22177] [Filed 5/12/78, Notice 11/16/77-published 5/31178, effective 7/5178) [Filed 1/18/79, Notice 10/18178--published 217179, effective 4/1179]



[Filed 8/10/84, Notice 6/6/84-published 8/29/84, effective 10/3/84] [Filed 11/15/84, Notice 8/29/84-published 12/5/84, effective 1/9/85] [Filed 4/29/88, Notice 3/23/88--published 5/18/88, effective 6/22/88] [Filed 6/23/89, Notice 4/19/89-published 7/12/89, effective 8/16/89]


[Filed 11/22/92, Notice 817/91-published 12/11/91, effective 1/15/92] [Filed 3/13/92, Notice 12/25/91-published 4/1/92, effective 5/6/92]

[Filed 11/20/92, Notice 9/30/92-published 12/9/92, effective 1/13/93] [Filed 4/23/93, Notice 12/9/92-published 5/12/93, effective 6/16/93] [Filed 2/25/94, Notice 11/10/93-published 3/16/94, effective 4/20/94] [Filed 12/15/94, Notice 8/17/94-published 1/4/95, effective 2/8/95]

[Filed 4/19/95, Notice 2/15/95-published 5/10/95, effective 6/14/95] [Filed 7/14/95, Notice S/10/95-published 8/2/95, effective 9/6/95)

[Filed 9/4/98, Notice 7/15/98--published 9/23/98, effective 10/28/98]

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lAC 9/23/98 Sesquicentennial Commission[731]

SESQUICENTENNIAL COMMISSION, IOWA STATEHOOOD[731]

Eslllblished pursuant to Iowa Code section 70.1.

Expired June 30, 1997; see Iowa Code section 70.1.

Page 1

Rules were removed from the Iowa Administrative Code pursuant to Iowa Code section 17 A.6(7).

.. ,! (, ::. '

,.

lAC 9/23/98 Transportationf761] Analysis, p.5

....._; CHAPTER 121 ADOPT-A-HIGHWAY PROGRAM

121.1(307) Purpose 121.2(307) Information and location 121.3(307) Program guidelines 121.4(307) Sponsors 121.5(307) Eligible activities 121.6(307) Procedure


CONSTRUCDON

CHAPTER 125 GENERAL REQUIREMENTS AND

COVENANTS FOR HIGHWAY AND BRIDGE CONSTRUCfiON

125.1(307A) Standard specifications 125.2(307A) Standard specifications 125.3(307 A) Availability of specifications

CHAPTER 126 CONTRACTS SET ASIDE FOR DISADVANTAGED BUSINESS

ENTERPRISES 126.1(314) Purpose 126.2(314) Requirements

'....._) 126.3(314) Specifications

CHAPTER 127 Reserved

CHAPTER 128 CONSTRUCfiON PROJECTS

128.1(321) Route of travel for overweight axles to or from a construction project

CHAPTER 129 Reserved

TRAFFIC OPERATIONS

\w,) CHAPTER 130 SIGNING MANUAL

130.1(321) Manual

CHAPTER 131 SIGNING ON PRIMARY ROADS

131.1(321) Destination signs at an intersection

131.2(321) Erection of signs for numbered business routes

131.3(321) Erection of signs for schools

131.4(321) Erection of camping service signs on interstate highways

131.5(321) Erection of signs for sanitary landfills

131.6(321) Erection of signs for special events

131.7(321) Erection of signs for organized off-highway camps

131.8(321) Erection of signs for county conservation parks

131.9(321) Erection of no parking signs 131.10(321) Signing for named routes 131.11 to 131.14 Reserved 131.15(321) Information and address

CHAPTER 132 IOWA SCENIC BYWAY PROGRAM

132.1(306D) Purpose, overview and information

132.2(3060) Definition 132.3(306D) Designations 132.4(306D) General requirements 132.5(3060) Application and approval process 132.6(306D) Reevaluation 132.7(306D) Promotional and tourism efforts


CHAPTER 136 UGHTING

136.1(319) Lighting of primary-secondary intersections

136.2(319) Destination lighting 136.3 to 136.5 Reserved 136.6(306) Warrants and design requirements

for lighting


CHAPTER 140 TRAFFIC SIGNALS, SCHOOL SIGNALS AND BEACONS ON PRIMARY ROADS

140.1(321) Erection of traffic signals, school signals, and beacons on primary highways

CHAPTER 141 TRAFFIC AND ENGINEERING

INVESTIGKnONSONSECONDARY ROADS

141.1(321) Traffic and engineering investigations on secondary roads

Analysis, p.6 Transportation[761] IAC7/16/97

CHAPTER142 SPEED ZONING ON PRIMARY

lllGHWAYS L42.1(321) Adjustment of speed zones on

primary highways

CHAPTER143 TRAFFIC SIGNAL SYNCHRONIZATION

l43.1(364) Definitions l43.2(364) Applicability l43.3(364) Traffic signal inventory l43.4(364) Required synchronization L43.5(364) Reporting requirements

CHAPTERS144to149 Reserved

PRIMARY ROAD EXTENSIONS

CHAPTER150 IMPROVEMENTS AND MAINTENANCE

ON PRIMARY ROAD EXTENSIONS L50.1(307 ,321,362) Definitions l50.2(306,306A,313,314) Improvements and

maintenance on extensions of freeways

l50.3(306,306A,313,314,321E) Improvements and maintenance on extensions of expressway, arterial and arterial connector highways

l50.4(306,306A,313,314,319) General requirements for primary road extensions

CHAPTER151 CITY REQUESTS FOR CLOSURE OF

PRIMARY ROAD EXTENSIONS l51.1(321) Closing primary road extensions


SPECIAL lllGHWAY PROGRAMS

CHAPTER160 COUNTY AND CITY BRIDGE

CONSTRUCTION FUNDS L60.1(312) Source of funds L60.2(312) Administration of funds

CHAPTER161 FEDERAL-AID lllGHWAY BRIDGE

REPlACEMENT AND REHABILITATION PROGRAM

161.1(307) Source of funds 161.2(307) Administration of funds

CHAPTER162 Reserved

CHAPTER163 RISE PROGRAM

163.1(315) Definitions 163.2(315) Purpose of RISE program 163.3(315) Administration of RISE program 163.4(315) Source, allocation, and use of

RISE funds 163.5(315) Project financing and funding

shares 163.6(315) Eligibility of applicants and joint

applications 163.7(315) Project activities eligible and

ineligible for RISE funds 163.8(315) Immediate opportunity projects 163.9(315) Local development projects 163.10(315) Regional development projects 163.11(315) Project administration

CHAPTER164 TRAFFIC SAFETY

ThWROVEMENTPROGRAM 164.1(312) Definitions 164.2(312) Information and forms 164.3(312) Program administration 164.4(312) Applicant eligibility 164.5(312) Project eligibility 164.6(312) Eligible project costs 164.7(312) Ineligible project costs 164.8(312) Applications 164.9(312) Processing the application 164.10(312) Project agreement

CHAPTER165 RECREATIONAL TRAILS PROGRAM

165.1(312) Definitions 165.2(312) Information and forms 165.3 and 165.4 Reserved 165.5(312) Program administration

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lAC 5/8/96, 9/23/98 Transportation[761]

TRAFFIC OPERATIONS

CHAPTER130 SIGNING MANUAL

(Prior to 6/3/87, Transpo11ation Depanmcni(820H06,K) 0! 21

Ch 130, p.1

761-130.1(321) Manual. The 1988 edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD) prepared by the National Committee on Uniform Traffic Control Devices and published by the U.S. Department of Transportation, Federal Highway Administration, shall constitute the manual and specifications for a uniform system of traffic control devices for use upon the highways of this state.

130.1(1) Copies of the manual are available for examination at the Engineering Division, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

130.1(2) The following revision to the 1988 edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" is adopted: 1988 Edition ofMUTCD, Revision 3, dated September 3, 1993. This revision replaces Part VI of the manual.

130.1(3) The following replaces Part VIII, Section 8B-4, of the 1988 edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways":

a. Pavement markings in advance of a highway-railroad grade crossing shall consist of an X, the letters RR, a no passing zone line, and certain transverse lines. All markings shall be reflectorized white except for the no passing zone line which shall be reflectorized yellow. Except as provided in subparagraphs (1) to (3) below, the markings shall be placed in each lane on all paved approaches to crossings where crossing signals or automatic gates are located or where the prevailing speed of highway traffic is 40 miles per hour or greater.

(1) Pavement markings shall be placed at crossings where continuous rails are in place, regardless of whether the railroad is operating.

(2) Markings need not be placed if any portion of the rails in the roadway has been removed or paved over, if any portion of the rails approaching the crossing has been removed, or if EXEMPT signs are in place.

(3) At minor crossings or in urban areas, pavement markings may be omitted if an engineering study indicates that other devices installed provide suitable warning.

b. The design of pavement markings at highway-railroad grade crossings shall be as illustrated in the following diagrams:

Ch 130, p.2 Transportation[761] lAC 5/8/96, 9/23/98

~r-·- ! llll; ... ~~~~~16' J~~"'---1 ~15--:H-1/-' ~:: 8~~ ~ ...

Oft aulll-laM raadl 1M lnlllnnl ba11dl1llall a!l!ldIll ~Ia-, and lnclw!duaiRRX ayallola ehall blundln -" lpprDKh line.

CD Klnlmum Dllaa- ·mar bll-.d 1o Ill oonllllonlll lndhldual craalnp and IM"PPOIItd lor ~peed~ 11011'-21.

Alllnftl- baftdllllall 11124. wide.

Oftaul!l-llneraadl U.lnlllnnl baftdllllall.mndlllll'PftiiCb aa-,and lnclw!dual miX ayallola 111111 blueld In -" lpprDKh 11M.

(J) lllnlmlllll Dllaa- •IIIIJ bll-.d lo Ill ccmll!lona II lndvldual craalnp and lllleqlolatld lor 1peldl 11011'-21.

OJSTIIIC:£ TO flOVfla WMH!JG Str.H

PQSl£0 SPE£0 LIMIJ (DCD :II M'H 325' 35 M'H 400'

55 M'H 700'

DISttH:£ TO ICJVNtCE VNICIHG SIGH

POSJED SPEED LIMIJ (D<D ll M'H 325'

..,. 415'

DETAIL 'A'

RAILROAD CROSSING

SYMBOL

STANDARD PAVEMENT MARKINGS FOR A GRADE CROSSING

WITHOUT GATES OR SIGNALS

STANDARD PAVEMENT MARKINGS FOR A GRADE CROSSING

WITH GATES OR SIGNALS

''A" CROSSING SYMBOL

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lAC 5/8/96, 9/23/98 Transportation[761] Ch 130, p.3

This rule is intended to implement Iowa Code section 321.252. [761-Chapter 130 appeared as Highway Commission rule, 1973 IDR, p. 517; amended January

1975 Supplement, p. 89. (Note: No chapter number was given.)] [Filed 3/11/65; amended 5/16/72, 9/24/74]


[Filed 10/2/85, Notice 8/14/85-published 10/23/85, effective 11/27/85*] [Filed 2/6/87, Notice 12/17/86-published 2/25/87, effective 4/1/87] [Filed 5/11/87, Notice 3/11/87-published 6/3/87, effective 7/8/87]


[Filed 4/17/96, Notice 3/13/96-published 5/8/96, effective 6/12/96]

•Effecdve date or subrule 2.1 (2) delayed until the expimtion or 45 calendar days into the 1986 Session or the Geneml Assembly pursuant to Iowa Code \,..) section 17A.8(9). The 1986 Geneml Auembly took no formal action; therefore, subrule 2.1(2) is effective 2/28/86.

0

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lAC 10/23/96,9/23/98 Transportation[761]

CHAPTER 131 SIGNING ON PRIMARY ROADS

JPrior to 613187, Transportation Dep:utmentJ820H06,K) Ch 3J

Ch 131, p.1

761-131.1(321) Destination signs at an intersection. This rule establishes the requirements and procedure for placing destination signs on a primary highway at the intersection of a secondary road.

131.1(1) Requirements. a. A destination shown on a primary highway destination sign shall be one reached by following

either the secondary road or the primary highway. b. A secondary road destination shall not be located beyond the next primary highway. c. The secondary road must be marked with sufficient route markers, arrows, and destination

signs to guide a motorist through intersecting roads, winding roads and built-up areas. d. To qualify for signing, a secondary road destination must be one of the following: (1) Another primary highway. (2) An incorporated community. (3) An unincorporated village shown on the state transportation map. (4) A publicly maintained park. (5) An airport with commercial or charter service. (6) A historical site recognized and approved by the department of cultural affairs. e. The department shall determine which primary road destinations qualify for signing. 131.1(2) Procedure. a. To request placement of destination signs at the intersection of a primary highway and a

secondary road, the county engineer shall obtain Form 740023, "Proposed Directional Signing," from the area maintenance engineer, complete it and submit it to the area maintenance engineer. The county engineer may request signs for destinations on the secondary road that meet the criteria in paragraph 131.1(1)"d" and destinations on the primary highway.

b. If destination signs are already in place at the intersection, any person may request listing additional destinations by submitting a written request to the office of traffic engineering.

c. The office of traffic engineering shall determine if a request is to be approved or denied and notify the requester of its action on the request.

d. The department shall install and maintain the primary road destination signs. The department shall also furnish primary route markers and auxiliary signs for installation on the secondary road and install secondary road route markers and auxiliary signs furnished by the county on the primary route.

761-131.2(321) Erection of signs for numbered business routes. The purpose of this rule is to establish signing requirements, responsibilities and procedures for the erection of signs for numbered business routes.

131.2(1) Definition. A business route is a route principally within the corporate city limits which provides the public a marked route through the business area of the city as an alternate to the regular route which bypasses the city or its congested area.

131.2(2) Requirements. a. The business route must connect with the regular route outside the congested area or the corpo

rate limits, but within a reasonable distance of those limits. b. The route must be designated over paved streets and highways which are available to all types

of vehicles.


131.2(3) Responsibilities. "-"' a. All business route identification signs, including the "Business" route sign, U.S. or state num-

bered route marker and directional arrow, will be furnished by the city. b. The city and county shall erect all signs required on streets and highways within their respec

tive jurisdictions. c. The department of transportation shall erect all signs required within the right-of-way of pri

mary highways and primary highway extensions. d. The municipality shall maintain all signs at proper position and elevation, and in a clean and

legible state. 131.2(4) Procedures. a. A request for the designation of a business route shall be submitted by a city to the area mainte

nance engineer. b. The office of traffic engineering shall determine if the request is to be approved or denied. -......,; c. The office of traffic engineering shall designate the signing requirements for establishment of

the business route. 131.2(5) Service level to be maintained. If either the signs or the streets and highways are not main

tained at acceptable levels for traffic service, the department of transportation may require removal of the signs designating a business route.

761-131.3(321) Erection of signs for schools. The purpose of this rule is to establish requirements and procedures for the erection of signs for schools.

131.3(1) Requirements. a. The school shall be a junior college, college, university or an area community college. b. The school shall provide an accredited program of academic study or an approved program of

technical or vocational training under the supervision of the state department of education or the state "'--" board of regents.

c. The school shall have a minimum enrollment of 500 students. d. The school is not immediately adjacent to a primary highway or a primary highway extension. e. The school is located on and directly served by the street or highway considered for signing. 131.3(2) Procedures. a. A request for school signing shall be submitted to the area maintenance engineer. b. The office of traffic engineering shall determine if the request is to be approved or denied. c. Signs shall be furnished, erected and maintained by the department of transportation upon de

termination that the requirements of subrule 131.3(1) have been satisfied.

761-131.4(321) Erection of camping service signs on interstate highways. The purpose of this rule is to establish requirements and procedures for the erection of camping service signs. \..,I

131.4(1) Definition. "All-weather roads" are roads with sufficient surfacing so as to be passable regardless of weather conditions.

131.4(2) Requirements. a. The distance of the camp facility from the nearest off-ramp intersection with the intersected

highway or street should not exceed five miles via an all-weather road or street. b. Campsites shall have a minimum of 20 spaces available for camping and parking. c. The camping area and all facilities shall be available to the public 24 hours a day on a year

round basis. If a camping facility meets the "24 hours a day" condition but is operated on a seasonal basis, camping service signs shall be provided with the condition that the sign be masked (at no cost to the owner) during that part of the year when the facility is not open to the public.

lAC 10/23/96,9/23/98 Transportation[761] Ch 131, p.3

131.4(3) Procedures. a. A request for camping service signs should be made to the area maintenance engineer. b. The area maintenance engineer shall forward Form 810013, "Application and Agreement for

Installation of Camping Service Signs on Interstate Highways," to the requesting camp owner. c. The camp owner shall complete Form 810013, sign it, and return it to the area maintenance

engineer. d. The area maintenance engineer shall review Form 810013 and verify by inspection that the

requirements established in subrule 131.4(2) have been met. e. When the area maintenance engineer has verified through inspection that the requirements are

satisfied, the engineer shall complete and sign Form 810013, signifying approval of the application. A copy of the approved application shall be promptly forwarded to the applicant.

f. Upon approval of Form 810013, the department of transportation shall erect and maintain, at no cost to the camp owner, camping service signs on the interstate highway. (The department of transportation shall also bear the cost of masking camping service signs during the periods that seasonal campsites are closed to the public.)

131.4(4) Conditions. a. The campground must meet applicable state and local standards for health and sanitation.

Camping service signs may be removed if the department is notified by the responsible state or local agency that the campground is in violation of these standards.

b. Camping service signs may be removed if the campground is found to be in violation of any other requirement of this rule.

c. Signing shall not be reinstalled without proper notification that the violation has been corrected.

761-131.5(321) Erection of signs for sanitary landfills. The purpose of this rule is to establish requirements and procedures for the erection of signs for sanitary landfills.

131.5(1) Requirements. a. The access from the primary highway must be a direct connection to the sanitary landfill; b. If the access to the sanitary landfill is connected to a secondary road, the county must make a

request on Form 740023, "Proposed Directional Signing," to the area maintenance engineer; and c. The sanitary landfill site must be operated under a permit issued by the Iowa department of

natural resources. 131.5(2) Procedure. a. A request for sanitary landfill signing shall be submitted to the area maintenance engineer. b. The county shall be promptly informed of the final disposition of the request. c. If the request is approved, the department of transportation shall secure, erect and maintain the

sanitary landfill sign on the primary highway.

761-131.6(321) Erection of signs for special events. The purpose of this rule is to establish requirements, procedures and responsibilities for the erection of signs for special events.

131.6(1) Requirements. a. Expected attendance of over 10,000 people per day. b. Gathering to involve attendance of people on a statewide basis or nationwide basis. c. Events shall not be regularly scheduled activities, such as the state fair, an area fair, a county

fair, 4-H exhibits, rodeos or auto races.

Ch 131, p.4 Transportation[761] lAC 10/23/96,9/23/98

131.6(2) Procedures. ~ a. A request for special event signing shall be submitted to the area maintenance engineer. b. The office of traffic engineering shall determine if the request is to be approved or denied. c. The office of traffic engineering shall designate the signing requirements and locations for the

signs. 131.6(3) Responsibilities. a. The required signs shall be furnished by the sponsoring organization. b. The signs shall be placed and removed by the sponsoring organization. c. The sponsoring organization shall arrange for the sheriff or the Iowa highway safety patrol to

direct traffic during the duration of the event. 131.6(4) Duration of placement. The signs are to be in place only on the day or days of the special

event.

761-131. 7(321) Erection of signs for organized off-highway camps. The purpose of this rule is to establish requirements, procedures and responsibilities for the erection of signs for organized offhighway camps.

131.7(1) Requirements. The camps shall be permanent and operated by recognized and estab-lished civic, religious, and nonprofit charitable organizations.

131.7(2) Procedures. a. A request for signing shall be submitted to the area maintenance engineer. b. The office of traffic engineering shall determine if the request is to be approved or denied. 131.7(3) Financial responsibility. The department of transportation shall purchase, install and

maintain the signs upon the prepayment by the organization of the cost of purchase, installation and maintenance.

761-131.8(321) Erection of signs for county conservation parks. The purpose of this rule is to establish requirements, procedures and responsibilities for the erection of signs for county conservation parks.

131.8(1) Requirements. The park shall have an approved drinking water supply, sanitary toilet facilities, picnic facilities and camping facilities.

131.8(2) Procedures. a. A request for county conservation park signing shall be submitted on Form 740023, "Proposed

Directional Signing," to the area maintenance engineer. b. The office of traffic engineering shall review and make the final determination on the request

and promptly inform the county of the determination. 131.8(3) Responsibilities. a. If the request is approved, the office of traffic engineering shall design the signs and furnish the

applicant a scaled drawing of the required signs. b. The applicant shall furnish to the department of transportation the required signs at a location

specified by the department. c. The department of transportation will erect the signs and provide normal maintenance. d. If the sign(s) must be replaced for any reason, the applicant shall furnish new sign(s) to the

department of transportation.

lAC 10/23/96, 9/23/98 Transportation(761] Ch 131, p.5

761-131.9(321) Erection of no parking signs. The purpose of this rule is to establish procedures and conditions for the erection of no parking signs on rural primary highways.

131.9(1) Procedures. Requests for the erection of no parking signs on rural primary highways shall be made by the Iowa highway safety patrol to the area maintenance engineer.

131.9(2) Conditions. The signs will be furnished, erected and maintained by the department of transportation; however, they shall be removed ifthe department determines the parking prohibition is not enforced.

761-131.10(321) Signing for named routes. This rule estabJishes the requirements and procedures for placing special signs along the primary road system for the purpose of designating a primary highway as a memorial highway, historic trail or scenic traiL

131.10(1) Definitions. "Historic trail" means a route located on or near the approximate aJignment of a trail on which a

person or group traveled while making a journey of regional or national historic significance. "Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD)" means the Fed

eral Highway Administration standards on traffic control devices, as adopted in rule 761-130.1(321). "Memorial highway" means a primary highway that has been given a name to commemorate a per-

son, group, place or event of regional or national significance. "Named route" means a memorial highway, a historic trail or a scenic traiL "Primary highway, " for the purpose of this rule, does not include an interstate highway. "Scenic trail" means a route, loop or circuit with special scenic or recreational appeaL 131.10(2) General requirements. a. The named route shaH be continuous with no breaks at the boundaries of poJitical subdivisions.

Each city and county through which a named route passes must approve the route designation. This includes portions of the route off the primary road system.

b. A memorial highway should normalJy encompass the entire length of a primary route within the state. However, it is permissible to name a section of a primary route if the section is unique or independent by virtue of its design characteristics, such as a freeway, or its geographic location, such as a segment between two junctions. No more than one name shall be used for the same section of a route.

c. Signs designating a named route shaH be furnished and paid for by the applicant including any replacements needed due to sign deterioration or damage. Failure to comply with this requirement may result in removal of alJ signs for the named route along the primary road system.

d. A named route shaH not be given a name which could be considered discriminatory, biased or inappropriate.

131.10(3) Memorial highway signing. Signing for memorial highways shaH comply with Section 2D-49 of the MUTCD as modified by the folJowing:

a. Memorial highway signing off the primary highway right-of-way: (1) Preferably, signing for a memorial highway should neither appear on or along the route nor be

placed on bridges or other highway components. Signing is best accompJished by placing memorial plaques in rest areas, scenic overlooks or other appropriate locations off the right-of-way where parking is provided. These plaques shaH be located in a manner that will not distract motor vehicle operators.

(2) Departmental approval is not needed for memorial highway signing placed off the right-ofway at locations not subject to control under Iowa Code chapter 3068 or chapter 306C, division II.


b. Memorial highway signing within the primary highway right-of-way: (1) If placement of memorial plaques off the right-of-way is not acceptable, the department may

approve the installation of memorial highway signs within the right-of-way provided they are independent of other guide and directional signing and they do not adversely compromise the safety or efficiency of traffic flow.

(2) A memorial highway sign within the right-of-way shall be no larger than 24 inches in width and 30 inches in height. The color and design must be approved by the department.

(3) The number of memorial highway signs within the right-of-way shall be limited to one sign at each end of the memorial highway and one sign when entering the corporate limits of each city through which the memorial highway passes.

131.10(4) Historic trail and scenic trail signing. The department may approve the installation of historic trail and scenic trail signing within the primary highway right-of-way. Signing for historic trails and scenic trails shall comply with Section 2D-50 of the MUTCD and the following:

a. A sign designating a historic trail or scenic trail shall be no larger than 24 inches in width and 30 inches in height. The colors used shall be limited to white, black, brown, blue or green. The color and design must be approved by the department.

b. Signs designating a historic trail or scenic trail may be placed at each end of the trail, when entering the corporate limits of cities through which the trail passes, and at points where the trail direction changes.

c. Additional trail signs may be placed between cities along the trail. These signs when facing the same direction of travel shall be spaced at least five miles apart. An exception may be made when the trail direction changes.

d. A sign designating a historic trail or scenic trail shall be placed alone on a post. 131.10(5) Procedures. a. To request placement of signs designating a primary highway as a named route, the applicant

shall submit a formal written request to the area maintenance engineer. b. The request shall contain the following: (1) A detailed description of the proposed named route, including those portions of the route off

the primary road system. (2) If the request is for a memorial highway, documentation supporting the significance of the per

son, group, place or event for which the memorial highway is named. (3) If the request is for a historic trail, documentation supporting the historical significance of the

trail. ( 4) If the request is for a scenic trail, information outlining the features or facilities that are of spe

cial scenic or recreational appeal. (5) A sketch of the sign proposed for designating the named route. (6) Proposed locations for placement of the signs, including those locations off the primary road

system. (7) A signed ordinance or resolution from each city and county through which the named route

passes, indicating approval of the route designation. c. The department shall evaluate the request against the requirements of this rule and notify the

requester of approval or denial of the request. Notification of denial shall include the reasons for denial.

d. The department shall install approved signs provided by the applicant (see paragraph 131.10(2)"c") and provide routine maintenance when the signs are to be located within the primary highway right-of-way.

e. The department is not responsible for the installation or maintenance of signs placed off the right-of-way.

lAC 10/23/96, 9/3i98 .:1. Transportation[7611 Ch 131, p.7

761-131.11 to 131.14 Reserved.

761-131.15(321) Information and address. Information regarding the signing addressed in this chapter is available from: Office of Traffic Engineering, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010. Submissions to the office of traffic engineering shall also be sent or delivered to this address.

These rules are intended to implement Iowa Code sections 321.252 and 321.253. [Filed July 1, 19751

[Filed without Notice 11/23/76-published 12/15/76, effective 1/191771 [Filed 2/11/77, Notice 12/29/76-publ ished 3/9/77, effective 4/13/771

[Filed emergency 4/26/77-published 5/18/77, effective 5/181771 [Filed without Notice 11/21177-published 12/14/77, effective 1/18/78)

[Filed 5/11/87, Notice 3/11/87-published 6/3/87, effective 7/8/87] [Filed emergency 7/13/88-published 8/10/88, effective 7/13/88] [Filed 4/3/91, Notice 2/20/91-published 5/1/91, effective 6/5/91)


rl . ----

-r:

• .r .

.. ! ~ ... :

. .. t;

. l"_i'.

lAC 9/23/98 Transportation[761] Ch 132, p.l

CHAPTER132 IOWA SCENIC BYWAY PROGRAM·

761-132.1(306D) Purpose, overview and information. 132.1(1) Purpose. The purpose of the Iowa scenic byway program is to designate qualifying Iowa

roads as scenic byways. 132.1(2) Overview. Under the Iowa scenic byway program, proposed routes are identified via an

application process. The department inventories and evaluates the proposed routes. The advisory council selects the routes to be designated. The department designates the routes as scenic byways and provides identifying signs.

132.1(3) Information and forms. Information, instructions and application forms may be obtained from the Office of Project Planning, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

761-132.2(306D) Definition. ''Advisory council" means the scenic byway advisory council. This group is responsible for select

ing routes for scenic byway designation. It is comprised of representatives from the department of transportation, the department of economic development, the department of cultural affairs, and the department of natural resources.

761-132.3(306D) Designations. 132.3(1) A scenic byway shall have one of the following three designations: a. Naturally scenic. This is a route that has naturally scenic features along its length. b. ·scenic and heritage. This is a route that has a combination of naturally scenic features and

heritage features along its length. c. Heritage. This is either a route that has historic significance or one that connects areas or sites

of historic significance along its length. 132.3(2) Reserved.

761-132.4(306D) General requirements. 132.4(1) Primary roads, secondary roads and city streets are eligible for designation as scenic by

ways. 132.4(2) A scenic byway should be continuous and at least 20 miles in length. Scenic or heritage

features in one form or another should exist along the entire route. 132.4(3) Each city and county through which a route passes must approve the scenic byway desig

nation. ~...__) 132.4(4) Signs designating scenic byways shall be paid for and furnished by the department. Each

roadway jurisdiction is responsible for installing scenic byway signs on roads under its jurisdiction in accordance with a signing plan provided by the department.

761-132.5(306D) Application and approval process. 132.5(1) Application. Application to designate a route as a scenic byway shall be on a form pro

vided by the department and shall be submitted to the office of project planning. The application must be accompanied by a document indicating approval of the designation from the city council of each city and the board of supervisors of each county through which the route passes.

132.5(2) Deadline for submission. The deadline for submission of applications is October 1 every other year. However, the first deadline is November 1, 1998. This is the beginning of a program cycle. Applications shall be submitted to the office of project planning.

Ch 132, p.2 Transportation[761] lAC 9/23/98

132.5(3) Initial review. Applications shall be reviewed by the advisory council to acquaint the council members with the prop(>sed routes, to allow the members time to provide any information from their areas of expertise regarding the routes, and to provide guidance to the program.

132.5(4) Field inventory. In the spring, summer and fall following the application deadline, the department shall conduct a field inventory of proposed routes. The department shall collect the following information for each proposed route:

a. Types of views along the route, including panoramas, scenes and focal points. Several ele-ments or items related to material or color are also pinpointed.

b. Quality of the various views along the route, from outstanding to poor or distracting. c. How long one sees a particular view or element. d. Relative ease of seeing the various views and elements as the road is driven. e. Visual character of the roadway alignment. f. Types of scenic areas or historic sites along the route. g. Variety of views as the route is driven. 132.5(5) Rating and evaluation. In the fall or winter of the second year of the program cycle, the

department shall compile the inventory data, develop an overall rating for each proposed route, and prepare a written evaluation of each proposed route. The potential rating for a particular route ranges from "excellent" to "very poor." The midpoint is "average."

132.5(6) Selection. The advisory council shall review the ratings and evaluations and select the routes to be designated based on this information and any other information the council may have obtained regarding the routes. To be selected, a route must have a rating that is above "average."

132.5(7) Designation and signing. In the spring or early summer of the second year of the program cycle, the department shall designate the selected routes as scenic byways and provide scenic byway signs.

761-132.6(306D) Reevaluation. Every four years from the date of designation, the department shall inventory and evaluate the scenic byway to determine its continued eligibility in the program. The department reserves the right to remove a route from the scenic byway program if the route no longer meets the designating criteria.

761-132. 7(306D) Promotional and tourism efforts. The department is not responsible for promotionaf and tourism efforts for scenic byways.

These rules are intended to implement Iowa Code chapter 3060. [Filed 8/26/98, Notice 7/1/98-published 9/23/98, effective 10/28/98]


lAC 9/23/98 Workers' Compensation£876] Analysis, p.1

WORKERS' COMPENSATION DIVISION[876] [Prior to 9124/86, see Industrial Commissioner[SOO]. Renamed Division of Industrial Services under the

"umbrella" of Employment Services Department by 1986 Iowa Acts, Senate File 2175] [Prior to 1/29/97 see Industrial Services Division[343]. Reorganized under "umbrella" of the

Department of Workforce Development[871] by 1996 Iowa Acts, chapter 1186) [Prior to 7/29/98 see Industrial Services Division[873]]

CHAPTER1 PURPOSE AND FUNCTION

1.1(86,17 A) Purpose and function 1.2(86,17 A) Location

CHAPTER2

~ 2.1(86) GENERAL PROVISIONS

2.2(85A,85B,86,87) 2.3(86,87)

Extending time and continuances

Applicability Representative within

the state 2.4(85)

2.5 2.6(85,85A,85B,86)

Guides to evaluation of permanent impairment

Reserved Reports to employees

~...,_) 3.1(17 A)

CHAPTER3 FORMS

Forms

CHAPTER4 CONTESTED CASES

4.1(85,85A,85B, 86,87,17A)

4.2(86) Contested cases Separate evidentiary

hearing or consolidation of proceedings

4.3(85,85A,86,87) Compliance proceedings 4.4(86) Request for hearing 4.5(86) Commencement by

4.6(85,86,17 A) ~ 4.7(86,17A)

4.8(86) 4.9(17A)

4.10(86,87) 4.11(86)

4.12(86) 4.13(86)

commissioner Original notice and petition Delivery of notice, orders

and decisions Filing of notice Appearance and responses,

pleading and motions Insurance carrier as a party Signatures on documents

and papers Service on parties Method of service

4.14(86)

4.15(86) 4.16(86) 4.17(85,86,17A)

4.18(85,86,17A)

4.19(86) 4.20(86) 4.21(86)

4.22(86) 4.23(86) 4.24(17 A,86) 4.25(17A,86)

4.26 4.27(86,17A) 4.28(86,17 A) 4.29(86,17 A) 4.30(86,17 A)

4.31(86)

4.32(86,17 A) 4.33(86) 4.34(86)

4.35(86) 4.36(86)

4.37(86,17A)

4.38(17A) 4.39(17 A,86)

Filing of documents and papers

Proof of service Request for copy Service of medical

records and reports Medical evidence and

discovery Prehearing calendar Prehearing procedure Prehearing conference

record Orders Assignment for hearing Rehearing Appeal when rehearing

requested Reserved Appeal Scope of appeal Review of motion Transcript on appeal or

review Completion of contested

case record Recording of proceedings Costs Dismissal for lack of

prosecution Rules of civil procedure Compliance with order or

rules Waiver of contested case

provisions Self-disqualification Filing by facsimile

transmission (fax) 4.40(73GA,ch1261) Dispute resolution 4.41 to 4.44 Reserved 4.45(17 A,86) Length of briefs 4.46(17 A,85,86) Contested case

proceedings-health service disputes

4.47 Reserved 4.48(17A,85,86) Application for alternate

care

Analysis, p.2 Workers' Compensation£876] lAC 9/23/98

CHAPTERS DECLARATORY RUUNGS

5.1(17A) 5.3(17A)

(Uniform Rules)

Petition for declaratory rulings Inquiries

CHAPTER6 SE'ITLEMENTS AND COMMUTATIONS

6.1(85,86) Compromise settlements 6.2(85,86) Commutation 6.3(85,86) Commutation tables 6.4(85,86) Forms for commutation 6.5(85) Statement of awareness 6.6(86) Agreement for settlement

CHAPTER? PETITION FOR RULE MAKING

7.1(17A) 7.3(17A)

(Uniform Rules)

Petition for rule making Inquiries

CHAPTERS SUBSTANTIVE AND

8.1(85) 8.2(85)

INTERPRETIVE RULES Transportation expense Overtime

8.3 8.4(85) 8.5(85) 8.6(85,85A)

8.7(86) 8.8(85,17 A) 8.9(85,86) 8.10(85B)

Reserved Salary in lieu of compensation Appliances Calendar days-decimal

equivalent Short paper Payroll tax tables Exchange of records Apportionment of age-related

Joss for occupational hearing loss claims

CHAPTER9 PUBUC RECORDS AND FAIR INFORMATION PRACfiCES

(Uniform Rules)

9.1(17A,22,85-87) Definitions 9.3(17A,22,85-87) Requests for access to

records 9.6(17A,22,85-87) Procedure by which

additions, dissents, or objections may be entered into certain records

9.8(17A,22,85-87) Notice to suppliers of information

9.9(17A,22,85-87) Disclosure without the consent of the subject

9.10(17A,22,85-87) Routine use 9.11(17A,22,85-87) Release to subject 9.12(17 A,22,85-87) Availability of records 9.13(17 A,22,85-87) Personally identifiable

information 9.14(17 A,22,85-87) Applicability

CHAPTER10 INFORMAL DISPUTE

RESOLUTION PROCEDURES '...._; 10.1(17A,85,86) Informal dispute resolution

procedures 10.2 Reserved 10.3(17A,85,86) Health service dispute

resolution

CHAPTER 11 ELECTRONIC DATA INTERCHANGE (EDI) 11.1(85,86) Purpose 11.2(85,86) Definitions 11.3(85,86) Form of reporting 11.4(85,86) Manner of reporting 11.5(85,86) Voluntary reporting I.

1 deadline ....,. 11.6(85,86) Mandatory reporting

deadline

IAC9/23/98 Workers' Compensation[876]

CHAPTER! PURPOSE AND FUNCTION

1 Prior 1o 9f24!86 see lnduslrial QJmmissionerf soon !Prior 10 lfl9/91 see Industrial Services Divisionf3431J

!Prior 10 7fl9/98 see Industrial Services DivisionJ873JCh IJ

Ch 1, p.l

876-1.1 (86,17 A) Purpose and function. The function of the division of workers' compensation of the department of workforce development is to adjudicate the rights and duties of persons provided for in Iowa Code chapters 85, 85A, 85B, 86, and 87 and these rules, and to administer and enforce the provisions of chapters 85, 85A, 85B, 86, and 87 and these rules. The indicated chapters provide for the rights and duties of persons injured in employment and the responsible employers and insurance carriers. The chapters are commonly referred to as the workers' compensation chapters of the Iowa Code. The Iowa

\ 1

workers' compensation commissioner is the executive head of the division of workers' compensation ~ who serves a six-year term, appointed by the governor and confirmed by the senate. 1\vo major sections

within the division, compliance and adjudication, carry out the purpose of the division as set out by the laws of this state.

The compliance section prepares and distributes literature concerning the workers' compensation law, rates, judicial decisions, and statistics; responds to written and oral inquiries regarding the law; conducts conferences and training sessions; provides appropriate forms for use in matters under the jurisdiction ofthedivision; establ ishesand monitors files arising from claims of work -related in juries and illness; and informs parties to a claim of their rights and responsibilities.

The adjudication section determines, by adjudicative means, the rights and liabilities of parties in a disputed claim by conducting hearings and rendering decisions; approving settlements in accordance with the statutes; and conducting appeals within the division.

~ 876-1.2(86,17 A) Location. Interested persons may contact the Iowa Workers' Compensation Commissioner, 1000 East Grand Avenue, Des Moines, Iowa 50319; telephone ( 515)281-5387 or 1-800-JobIowa (1-800-562-4692). The fax number is (515)281-6501.

These rules are intended to implement Iowa Code sections 17A.3(1)"a" and "b" and 84A.2. [Emergency filed and effective 9/19/75--published 10/6/75]

[Filed 11/17/75, Notice 10/6/75--published 12/1175, effective 1/5176] [Filed emergency 6/18/82-published 7/7/82, effective 7/1/82]

[Filed emergency 6/26/86--published 7/16/86, effective 7/1/86) [Filed emergency 8/25/86--published 9/10/86, effective 8/25/86)*

[Editorially transferred from [500] to [343], lAC Supp. 9/24/86, see lAB 7/16/86] [Filed emergency 9/11/87-published 1017/87, effective 9/11/87]

[Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] I. .J [Filed 1/10/97, Notice 12/4/96--published 1/29/97, effective 3/5/97] ....., [Filed 5/1/98, Notice 3/25/98--published 5/20/98, effective 6/24/98]

[Filed emergency 7/1/98--published 7/29/98, effective 7/1/98] [Filed 9/4/98, Notice 7129/98--published 9/23/98, effective 10/28/98]

•See lAB lnduslrial Services, Division of f343J

0

'·

.. {'•


CHAPTER2 GENERAL PROVISIONS

fPrior to 9124186 see Industrial CommissionerfSOOlJ fPrior to 1129/97 see Industrial Services Divisionf343lJ

fPrior to 7129/98 see Industrial Services Division)873]Ch 21

Ch 2, p.l

87~2.1(86) Extending time and continuances. For good cause the workers' compensation commissioner or the commissioner's designee may modify the time to comply with any rule.

87~2.2(8SA,8SB,86,87) Applicability. When appropriate, all rules shall apply to Iowa Code chapters 85A, 85B, 86 and 87 as well as chapter 85.

87~2.3(86,87) Representative within the state. All licensed insurers, foreign and domestic, insuring workers' compensation and all employers relieved from insurance pursuant to Iowa Code section 87.11 shall designate one or more persons geographically located within the borders of this state, which person or persons shall be knowledgeable of the Iowa Workers' Compensation Law and Rules and shall be given the authority and have the responsibility to expedite the handling of all matters within the scope of Iowa Code chapters 85, 85A, 85B, 86, and 87.

The Iowa workers' compensation commissioner shall be advised by letter of the name, address, and telephone number of each of the persons so designated. Any change in the identity, address or telephone number of the persons so designated shall be reported to the Iowa workers' compensation commissioner within ten days after such change occurs.

87~2.4(85) Guides to evaluation of permanent impairment. The Guides to the Evaluation of Permanent Impairment published by the American Medical Association are adopted as a guide for determining permanent partial disabilities under Iowa Code section 85.34(2) "a" to "s." The extent of Joss or percentage of permanent impairment may be determined by use of this guide and payment of weekly compensation for permanent partial scheduled injuries made accordingly. Payment so made shall be recognized by the workers' compensation commissioner as a prima facie showing of compliance by the employer or insurance carrier with the foregoing sections of the Iowa Workers' Compensation Act. Nothing in this rule shall be construed to prevent the presentations of other medical opinions or guides for the purpose of establishing that the degree of permanent impairment to which the claimant would be entitled would be more or less than the entitlement indicated in the AMA guide.

This rule is intended to implement Iowa Code section 85.34(2).

87~2.5(85,8SA,8SB,86,87) Electronic filing. Rescinded lAB 9/23/98, effective 10/28/98.

Ch 2, p.2 Workers' Compensation[876] lAC 9/23/98

87~2.6(85,85A,85B,86) Reports to employees. An employer or its insurance carrier filing a final claim activity report with the workers' compensation commissioner (see 876-subrules 3.1(2) and 3.1(3)) shall also mail a copy to the employee at the employee's last-known address.

This rule is intended to implement Iowa Code sections 85.26, 86.8, 86.11 and 86.13. [Emergency filed and effective 9/19175-published 10/6175]

[Filed 11/17175, Notice 10/6175-published 12/1175, effective 1/5176] [Filed 8/16/76, Notice 7/12/76-published 8/23/76, effective 9/27176] [Filed 8/3177, Notice 6/29177-published 8/24177, effective 9/28177]

[Filed emergency 6/18/82-published 717/82, effective 7/1/82] [Editorially transferred from [500] to [343), lAC Supp. 9/24/86, see lAB 7/16/86]

[Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 1/13/95, Notice 1217/94-published 2/1/95, effective 3/8/95]



v

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CHAPTER3 FORMS

I Prior 10 9124186 see Industrial CommissionerjSOOJI I Prior 10 1/29197 see Industrial Services Divisioni343JI

I Prior to 7!29/98 see Industrial Services Divisionf873JCh 3)

Ch 3, p.l

876-3.1(17A) Forms. The following forms are available from the division of workers' compensation for use in matters under the jurisdiction of the workers' compensation commissioner. Insurance carriers, self-insured employers, or their adjusting agents may reproduce the forms in which event the name, address, telephone number, and identification number may be imprinted. The current revision of the form must be used. Each form is identified by a form number. This form number follows each form name listed below and is used when requesting that specific form.

3.1(1) Form No. 1-{irst report of injury. (FormNo.14-0001) The form contains general infor\.,.) mation concerning the employee, the employer and the claimed injury. It is to be filed whether or not an

adjudication or admission of the injury exists and is to be filed as provided in Iowa Code section 86.11. 3.1(2) Form No. 2-claim activity report. (Form No. 14-9998) Upon establishment of a claim

with this agency, the workers' compensation commissioner may provide to the insurer this form which will show basic claim data found in the agency files. The form provides for filing of notice of commencement of payments, correcting erroneous claim information, supplying additional information, denying compensability, agreeing to rate and agreeing to make payments under the Workers' Compensation Act, reporting the status of a claim, or recording benefits paid. Notice of commencement of payments shall be filed within 30 days of the first payment. When liability on a claim is denied, a letter shall be sent to claimant stating reasons for denial. This form shall also be filed when compensation is terminated or interrupted. Medical data supporting the action taken shall be attached when temporary total disability or temporary partial disability exceeds 13 weeks or when the employee sustains a permanent disability. In the event this form is rejected by the agency, a refiling should be made within 15

\.-,) days of the date of rejection. 3.1(3) Form No. 2A-claim activity report. (Form No. 14-0003) This form is to be used by the

insurer as the initiating party when a Form 2 is not available. 3.1(4) Form No. 2B-supplemental information report. (FormNo.14-9999) This form should

be filed by the employer or insurer whenever a discrepancy with regard to wages, exemptions or benefit rates exists; in death cases with a listing of dependents; or within the 15 days when requested by the workers' compensation commissioner. The form may also be attached to a Form 2A to show calculation used for determining rate. In the event this form is rejected by the agency, a refiling should be made within 15 days of the date of rejection.

3.1(5) Form No. 12-waiver on account of physical defect. (Form No. 14-0029) This form should be used for waiver on account of physical defect as provided by Iowa Code section 85.55. The physical defect shall be fully and adequately described in the space indicated. The nature of the work the subject individual is able to perform shall be fully and adequately described in the space indicated.

'.,~ Waiver of physical defect shall not be approved for physical defects arising out of and in the course

v

of an employee's employment with the employer attempting to secure such waiver. 3.1(6) Form-rehabilitation referral and acknowledgment. (Form No. 309-5051) This form

contains information relevant to referral of an employee for consideration of rehabilitation services under the jurisdiction of RESB.


3.1(7) Form~riginal notice and petition. The following forms are types of original notice and petition: original notice and petition-Form 100 (Form No.14-0005); original notice, petition, answer and order concerning independent medical examination-Form 100A (Form No. 14-0007); original notice, petition, answer and order concerning vocational rehabilitation program benefit-Form 100B (Form No.14-0009); original notice, petition, and answer concerning application for alternate medical care-Form 100C (Form No. 14-0011 ); original notice and petition for full commutation of all remaining benefits often weeks or more 876 lAC 6.2(6)-Form 9 (Form No. 14-0013); checklistfor full commutation (Form No. 14-0015); original notice and petition and order for partial commutation-Form 9A (Form No. 14-0017); and checklist for partial commutation (Form No. 14-0019). See rule 876--4.6(85,86,17 A) for further descriptions.

3.1(8) Form No.15---:Subpoena. (Form No. 14-0035) This form is the witness subpoena which is used to require a witness to appear and testify. Form No. 14-0033 is the Subpoena Duces Tecum which is used to require a witness to appear and to bring specified books and records.

3.1(9) Form-corporate officer exclusion. (Form No. 14-0061) This form is the corporate officer exclusion which is used for corporate officers to reject workers' compensation or employers' liability.

3.1 (1 0) Form-attorney lien. (Form No. 14-0039) This form is the request for allowance of attorney lien which is used to request that an attorney's lien on a claimant's weekly benefits be approved.

3.1(11) Form-applicationandconsentorderforpaymentofbenefits. (FormNo.14-0037) This form is the application and consent order for payment of benefits under Iowa Code section 85.21 which is used by an employer or an insurance carrier to pay weekly and medical benefits without admitting liability and to be able to seek reimbursement from another carrier or employer.

3.1(12) Rescinded lAB 1/29/97, effective 3/5/97. 3.1(13) Form-dispute resolution conference report. (Form No. 14-0041) This form is the dis

pute resolution conference report which is used to provide information for a dispute resolution pursuant to rule 876-4.40(73GA,ch1261).

3.1(14) Form-forms order blank. (FormNo.14-0031) This form is the forms order blank which is used to order other forms used by the agency.

3.1(15) Form-agreement for settlement. (Form No. 14-0021) This form may be used to file an agreement for settlement pursuant to Iowa Code section 86.13. There is also a form for a checklist for the completion of the agreement for settlement. (Form No. 14-0023)

3.1(16) Form-contested case settlement. (Form No. 14-0025) This form may be used to file a contested case settlement pursuant to Iowa Code section 85.35. There is also a form for a checklist for the completion of the contested case settlement. (Form No. 14-0027)

3.1(17) Form-authorization for release of information regarding claimants seeking workers' compensation benefits. (Form No. 14-0043) This form is used for the release of information concerning an employee's physical or mental condition relative to a workers' compensation claim.

These rules are intended to implement Iowa Code sections 17A.3(1)"a .. and "b .. and 84A.2. (Emergency filed and effective 9/19175-published 10/6175]

(Filed 11/17175, Notice 10/6175-published 12/1175, effective 1/5176] [Filed emergency 6/25176-published 7/12/76, effective 711176] [Filed emergency 8/31179-published 9/19/79, effective 8/31179] [Filed emergency 8/31179-published 9/19/79, effective 10/24179]

(Filed emergency 6/18/82-published 717/82, effective 7/1/82] [Filed emergency 6/26/86-published 7/16/86, effective 7/1/86]

[Filed emergency 8/25/86-published 9/10/86, effective 8/25/86]* [Editorially transferred from (500] to [343], lAC Supp. 9/24/86, see lAB 7/16/86]

[Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] (Filed 1/10/97, Notice 12/4/96-published 1/29/97, effective 3/5/97]

(Filed emergency 7/1/98-published 7/29/98, effective 7/1/98] (Filed 9/4/98, Notice 7/29/98-published 9/23/98, effective 10/28/98]

•See lAB Industrial Services, Division of f343J

IAC7/29/98 Workers' Compensation(876]

CHAPTER6 SEITLEMENTS AND COMMUTATIONS

(Prior to 9124186 see Industrial Commissioner(SOOJJ (Prior to 1129191 see Industrial Services Divisionf343JJ

(Prior to 1!29198 see Industrial Services Divisionf873)0J 6)

Ch 6, p.l

876-6.1(85,86) Compromise settlements. All agreements providing for the final compromise settlement of a case where liability under the Workers' Compensation Act is disputed shall be reduced to writing and submitted to the workers' compensation commissioner for approval, together with such testimony or other evidence as may be required to establish that a bona fide dispute exists under Iowa Code section 85.35. Unless otherwise ordered by the workers' compensation commissioner or deputy workers' compensation commissioner an application for approval of compromise settlement shall not be accepted for filing if accompanied by documentation in excess of 20 pages. An order approving an application accompanied by documentary evidence in excess of 20 pages is nevertheless valid, and is neither void nor voidable. Any such settlement, when approved by the workers' compensation commissioner, shall be binding upon the parties thereto and not subject to review under Iowa Code section 85.26(2).

6.1(1) When the claimant, in a matter over which the workers' compensation commissioner has jurisdiction, is represented by an attorney licensed to practice in this state, and the claimant and the claimant's attorney agree that evidence of a bona fide dispute exists as to the enumerated factors of Iowa Code section 85.35, and the parties set forth a specific statement of facts of the bona fide dispute and allege that such facts are true, the professional statement of counsel for the parties shall constitute prima facie evidence that a bona fide dispute exists as required by Iowa Code section 85.35.

6.1(2) Nothing in the preceding paragraph shall prohibit the approval of settlements or commutations in other appropriate cases.

This rule is intended to implement Iowa Code section 85.35.

876-6.2(85,86) Commutation. The following requirements must be met before an uncontested commutation will be considered or granted:

6.2(1) A first report of injury, an acknowledgment of compensability and an updated supplemental claim activity report must be filed.

6.2(2) The commutation forms provided for in 6.4(85,86) must be filed. 6.2(3) All doctors' and practitioners' reports relevant to the disability of the claimant involved in

the commutation must be attached to the commutation forms. 6.2( 4) Claimant's condition as a result of the injury as shown by the medical reports cannot be one

which will be expected to deteriorate. When a partial commutation is sought, this paragraph shall diminish in importance.

6.2(5) Claimant's condition as a result of the injury shown by the doctors' and practitioners' reports cannot be one which will be expected to require future treatment unless the future treatment is adequately provided for. When a partial commutation is sought, this paragraph shall diminish in importance.

6.2(6) A detailed statement of claimant's need or other reason for a Jump sum of money must be attached to the application. The analysis shall include disclosure of any attorney fee amount to be paid from the full commutation. A commutation of less than ten weeks' benefits is presumed to be not in the best interest of the claimant.

6.2(7) When multiple dependents are involved, a signed stipulation or order of apportionment identifying the proportion of benefits to be received by each dependent shall be attached to the commutation form.

6.2(8) A signed stipulation as to the degree of permanent disability shall be attached to the commutation form.


6.2(9) Unless otherwise ordered by the workers' compensation commissioner or deputy work- "-1 ers' compensation commissioner, an original notice and petition for approval of commutation or par-tial commutation shall not be accepted for filing if accompanied by documentation in excess of 20 pages. An order approving an original notice and petition accompanied by documentary evidence in excess of 20 pages is nevertheless valid, and is neither void nor voidable.

This rule is intended to implement Iowa Code sections 85.45 and 85.47.

IAC9/23/98 Workers' Compensation[876l Ch 6, p.3

\.,.) 876--6.3(85,86) Commutation tables. The following tables are to be used in determining the sum to be paid in appropriate commutation proceedings. Nothing in this rule is to prevent waiver of the dis-count in subrule 6.3(2) by the employer or insurance carrier.

6.3(1) Life expectancy table. The life expectancy is determined by taking the age of the person, set forth in the "age" column and comparing it to the "weeks" column, which indicates the weeks an individual at the age indicated will be expected to continue to live.

LIFE EXPECTANCY TABLE

AGE WEEKS AGE WEEKS AGE WEEKS 0 3687 29 2330 58 1035 1 3708 30 2278 59 998 2 3661 31 2231 60 962

\..,_) 3 3614 32 2184 61 926 4 3562 33 2132 62 889 5 3510 34 2085 63 858 6 3463 35 2038 64 822 7 3411 36 1992 65 790 8 3359 37 1940 66 759 9 3312 38 1893 67 723 10 3260 39 1846 68 697 11 3208 40 1799 69 666 12 3156 41 1752 70 634

\.,.) 13 3104 42 1711 71 608 14 3058 43 1664 72 577 15 3006 44 1617 73 551 16 2959 45 1570 74 525 17 2907 46 1529 75 499 18 2860 47 1482 76 473 19 2808 48 1440 77 452 20 2761 49 1399 78 426 21 2714 50 1357 79 406 22 2668 51 1310 80 385 23 2616 52 1274 81 369 24 2569 53 1232 82 348

~ 25 2522 54 1191 83 333 26 2475 55 1149 84 317 27 2423 56 1113 85 302 28 2376 57 1071

6.3(2) Discount. When an original notice and petition for commutation of remaining future weekly benefits, either full or partial, is filed, the remaining future weekly benefits may be commuted to present dollar value. If the remaining future weekly benefits are converted to a present dollar value, the present dollar value shall be determined as provided in this subrule. A discount will be used to convert the value of remaining future weekly benefits to present dollar value. The discount will be based on a compound interest rate calculated pursuant to Iowa Code section 668.13(3) and in effect on the date informal agreement between the parties is reached for commutation and the number of weeks

V of remaining future benefits. The interest rate used to determine the discount shall be specified on the original notice and petition for commutation filed for approval by the commissioner.

Ch 6, p.4 Workers' Compensation(876] lAC 7/29/98, 9/23/98

6.3(3) Life expectancy and remarriage probability table. This table expresses the combined ~ probability of life expectancy and remarriage in weeks. The column on the left indicates the age of the surviving spouse at the time of the work-related death. Columns A through E indicate, respectively, the first through fifth years following the date of death that the surviving spouse remains unmarried. For example, if the date of death was July 1, 1977, and the surviving spouse was age 20 at the time of death, a commutation sought on the second anniversary of the death, July 2, 1979, would result in an expected duration of 519.75 weeks, the amount found in Column B which indicates the second year of unmar-ried status following age 20. Following the second anniversary of the date of death and including the third anniversary, Table C would be applicable. Begin in the left-hand column in the line indicating the age at date of death-{lot the age at which a commutation is sought. One then moves to the column which is indicative of the number of years the surviving spouse has remained unmarried.

A surviving spouse, 20 years old on the date of death who seeks a commutation after the fifth anniversary of the date of death, would use Table F. The fact that the surviving spouse has remained unmar-ried for over five years negates use of Columns A through E. A commutation sought during the fifth \..,.; year of remaining unmarried would result in an expected duration of959.97 weeks. For example, if the surviving spouse, who was 20 years old on the date of death, is 30 years old at the time a commutation is sought and seeks a commutation after the tenth anniversary of the date of death, start in Column "F' in line "20, at the age column. For each year beyond the sixth anniversary of the death, move down Col-umn F one line for each year. (Note the left-hand age column plays no part at this point.] In this exam-ple the 30-year-old surviving spouse who seeks a commutation after the tenth anniversary of the date of death would have an expected duration of 1140.61 weeks.

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( ( ( ( ( EXPECTED DURATION OF LIFE AND REMARRIAGE IN WEEKS ~

Through 1st Through 2nd Through 3rd Through 4th Through 5th Through 6th ~ anniv:rsary anniversary anniversary anniversary anniversary anniversary '\0

AGE B c D E F ... ~

19 430.68 479.17 604.63 741.39 847.29 926.66 i§ 20 470.73 519.75 643.53 775.49 880.00 959.97 ~ 21 512.26 561.92 683.73 811.10 914.02 994.50 22 556.16 606.00 725.54 848.70 949.90 1030.15 ~

23 601.87 651.72 768.79 887.91 987,16 1066.66 24 649.52 699.23 813.56 928.79 1025.61 1103.61 25 698.67 747.92 859.17 970.71 1064.71 1140.61 26 748.77 797.32 905.40 1013.14 1103.98 1171.11 27 799.21 846.75 951.44 1055.23 1142.49 1212.48 28 849.19 895.40 996.67 1096.24 1179.59 1246.17 ~ 29 898.60 942.97 1040.55 1135.67 1214.95 1277.57

""' 30 947.46 989.75 1083.21 1173.69 1247.66 1306.03 "'" (I)

31 993.95 1033.74 1122.49 1207.79 1277.59 1331.16 {;! .. 32 1039.36 1076.11 1159.46 1239.33 1304.21 1352.77 33 1083.22 1116.39 1193.69 1267.61 1327.28 1370.63 g 34 1124.52 1154.05 1224.80 1292.66 1346.85 1384.73 3 35 1163.08 1188.46 1252.55 1314.10 1362.76 1395.10 'R 36 1198.70 1219.93 1277.04 1332.15 1374.89 1401.84 = 37 1231.78 1248.35 1298.42 1346.94 1383.86 1405.53 ~. 38 1260.40 1272.34 1315.33 1357.34 1388.27 1404.99 0 39 1285.64 1292.71 1328.86 1364.35 1389.35 1401.01 = 40 1306.69 1308.94 1338.44 1367.53 1386.73 1393.53 00

....,J 41 1323.72 1321.58 1344.55 1367.21 1380.62 1382.48 ~ 42 1337.14 1330.55 1347.06 1363.41 1371.09 1368.13 43 1346.57 1336.07 1346.39 1356.33 1358.26 1350.59 44 1352.30 1337.77 1342.17 1345.80 1342.23 1330.19 45 1354.40 1336.30 1334.88 1332.31 1323.29 1306.92 46 1352.17 1330.73 1323.68 1315.34 1301.20 1281.01 47 1346.19 1321.22 1308.96 1295.30 1276.56 1252.78 48 1335.52 1307.55 1290.49 1272.15 1249.31 1222.45 C.9 1321.09 1290.00 1268.61 1246.20 1219.91 1190.33 so 1302.16 1268.79 1243.55 1217.70 1188.45 1156.64 51 1279.01 1243.80 1215.44 1186.76 1155.27 1121.57 52 1252.63 1215.88 1184.88 1153.84 1120.58 1085.43 53 1223.12 1185.50 1152.33 1119.51 1084.79 1048.40 54 1191.48 1152.81 1118.03 1083.85 1047.99 1010.64 (') 55 1157.70 1118.50 1082.43 1047.08 1010.34 972.31 :r 56 1122.26 1082.67 1045.71 1009.47 972.02 933.54 5" 57 1085.60 1045.67 1007.97 971.00 933.08 896.14 1'

VI

(") =-... a-. , 0\

58 1048.01 1007.75 969.57 932.12 895.61 860.29

59 1010.30 969.86 930.96 894.44 859.53 824.60

60 971.73 931.23 893.79 868.34 823.72 789.22

61 932.86 894.06 858.08 822.36 788.15 754.20

62 880.00 846.30 814.72 783.52 751.79 719.64

63 846.89 813.30 781.81 750.66 719.16 687.40

64 813.87 780.45 749.03 718.08 686.93 655.68

65 781.18 747.99 716.79 686.10 655.30 624.53

66 748.74 715.91 684.99 654.63 624.23 594.06 ~ 67 716.57 684.23 653.64 623.60 593.72 564.25 ..,

68 684.79 652.92 622.72 593.18 563.93 535.15 "' ~ 69 653.43 622.15 592.46 563.47 534.84 506.83 fil

70 622.62 592.02 562.89 534.46 506.54 479.36 ~

7l 592.37 562.44 533.93 506.14 479.04 452.72 Q

72 562.71 533.54 505.73 478.71 452.42 427.02 3

73 533.83 505.40 478.36 452.19 426.82 402.33 "R 74 505.59 478.01 451.82 426.56 402.14 378.64 :::1

{ll

75 478.26 451.61 426.29 401.93 378.50 356.02 e 76 451.75 426.08 401.71 378.34 355.92 334.47 s· 77 426.20 401.54 378.15 355.80 334.40 313.98 :::1

78 401.63 377.97 355.60 334.26 313.93 294.55 00 -..I

79 378.07 355.47 334.12 313.84 294.52 276.17 ~

80 355.58 334.06 313.74 294.47 276.15 258.79

81 334.10 313.65 294.37 276.12 258.79 242.40

82 313.71 294.31 276.05 258.77 242.40 226.93

83 294.37 276.01 258.75 242.40 226.93 212.33

84 276.09 258.72 242.40 226.93 212.33 198.53

85 258.79 242.40 226.93 212.33 198.53 185.47

~ This rule is intended to implement Iowa Code sections 85.45 and 85.47. i5

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lAC 9/23/98 Workers' Compensationf876] Ch 6, p:7

876--6.4(85,86) Forms for commutation. The current revision of the following forms or a drafted substantial equivalent shall be used in seeking a commutation.

6.4(1) Form No. 9-original notice and petition and order for commutation of all remaining benefits of ten weeks or more 876 lAC 6.2(6). This form contains data relevant to benefits paid and those to be paid by commutation when all unaccrued benefits are due. Signatures of the parties are necessary. Approval by the workers' compensation commissioner or a deputy commissioner is necessary. The form contains language of release.

6.4(2) Form No. 9A-original notice and petition and order for partial commutation. This form contains the same data and requirements as Form No.9. However, all remaining benefits are not commuted. No language of release is contained.

876--6.5(85) Statement of awareness. Whenever a petition for settlement under Iowa Code section 85.35 or commutation shall be submitted, it shall contain or be accompanied by a verified statement from the injured employee indicating awareness that upon approval by the workers' compensation commissioner of the settlement or commutation a final bar to future claims or benefits under the Workers' Compensation Law for such injury shall exist except as specifically reserved in any agreement.

876--6.6(86) Agreement for settlement. Unless otherwise ordered by the workers' compensation commissioner or deputy workers' compensation commissioner, an application for approval of an agreement for settlement shall not be accepted for filing if accompanied by documentation in excess of 20 pages. An order approving an application accompanied by documentary evidence in excess of 20 pages is nevertheless valid, and is neither void nor voidable.

These rules are intended to implement Iowa Code sections 84A.2, 85.35, 85.47, 86.13 and 86.27. [Emergency filed and effective 9/19/75-published 10/6/75]

[Filed 11/17/75, Notice 10/6/75-published 12/1/75, effective 115/76] [Filed emergency 6/10/77-published 6/29/77, effective 7/1177]

[Filed 8/3/77, Notice 6/29/77-published 8/24/77, effective 9/28/77] (Filed emergency 6/18/82-published 7/7/82, effective 7/1182]


[Filed emergency 3/28/85-published 4/24/85, effective 3/28/85] [Editorially transferred from [500) to [343] lAC Supp. 9/24/86]

[Filed 6/29/89, Notice 5/31/89-published 7/26/89, effective 8/30/89] [Filed 11/9/89, Notice 9/20/89-published 11/29/89, effective 1/3/90] [Filed 8/26/94, Notice 7/20/94-published 9/14/94, effective 10/19/94] [Filed 1110/97, Notice 12/4/96-published 1/29/97, effective 3/5/97]

[Filed emergency 7/1/98-published 7/29/98, effective 7/1/98] (Filed 9/4/98, Notice 7/29/98-published 9/23/98, effective 10/28/98]

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lAC 9/23/98 Workers' Compensation[876] Ch 11, p.1

CHAPTER 11 ELECfRONIC DATA INTERCHANGE (EDI)

876--11.1(85,86) Purpose. The purpose of this chapter is to establish the procedure for fulfilling reporting requirements of the division of workers' compensation.

876--11.2(85,86) Definitions. The following definitions apply to this chapter. "ED/" means electronic transmission or reception, or both, of data through a telecommunications

process utilizing a value-added network or the Internet as set forth in the EDI partnering agreement. "ED/ partnering agreement" means the written agreement between an entity and the division of

workers' compensation specifying the terms and manner of reporting by EDI. "Implementation plan" means the written document prepared by a reporter specifying a timetable

for reporting by EDI. "Report" means a first report of injury or a subsequent claim activity report, or both. "Reporter" means the person who is responsible for reporting to the division of workers' com

pensation pursuant to the Iowa workers' compensation laws and includes an employer, an employer who has been relieved from insurance pursuant to Iowa Code section 87.11, and an insurance carrier which provides an employer workers' compensation insurance.

"Reporting" means submission of claims data and data fields of information of a report.

876--11.3(85,86) Form of reporting. The format of EDI reporting must be the current version of the International Association of Industrial Accident Boards and Commissions Release 2 FROI/SROI. A licensing agreement for use of the current version of the International Association of Industrial Accident Boards and Commissions Release 2 FROI/SROI may be purchased from the International Association of Industrial Accident Boards and Commissions, 1201 Wakarusa Drive, C-3, Lawrence, KS 66049; telephone (785)840-9103; www.iaiabc.org; E-mail [email protected].

876-11.4(85,86) Manner of reporting. The manner of EDI reporting is electronic.

876-11.5(85,86) Voluntary reporting deadline. All reporters must either sign an EDI partnering agreement or submit an implementation plan by December 1, 1999. The division of workers' compensation must approve implementation plans.

The implementation plans must be approved before January 1, 2000.

876--11.6(85,86) Mandatory reporting deadline. All reporters must sign a partnering agreement and begin reporting by EDI no later than July 1, 2001. Reporting by any means other than EDI after July 1, 2001, will not be acceptable. Reporters are responsible for reporting by ED I. A reporter may contract with another entity for reporting but the reporter is ultimately responsible for reporting. Any entity reporting on behalf of a reporter must also sign an EDI partnering agreement.

These rules are intended to implement Iowa Code sections 85.26, 86.8, 86.11 and 86.13. [Filed 9/4/98, Notice 7/29/98----published 9123/98, effective 10/28/98]

-.T-..:z~

·.·t.:;

·.·· ·r'·

·. , ..

lAC 9/23/98 Index

CAMERAS AND RECORDING DEVICES Commission meetings 429-1.3{2)e; 431-1.3{2)e; 433-1.3{2)e; 434--1.1{4)d Examiners boards, see specific professions, subhead Examiners Board: Meetings Juvenile justice advisory council meetings 428---1.3{3)g Surveillance, gambling boats/racetrack enclosures 491-24.25{2), 24.31{6), 25.16;

661---ch 23

\,.,/ CAMPAIGN FINANCE DISCLOSURE See ETHICS AND CAMPAIGN DISCLOSURE

CAMPS Athletic, coaches 281-36.15{6) Backpack 571-62.5(4) Disabilities, parking permits 571-61.2, 61.5(10) Fairgrounds, state 371---ch 3, 7.15 Fees 571-61.3(1,4), 61.4(5), 62.5(4) Forests, state 571---ch 62

\.,.! Medical assistance providers 441-77.30(5)e, 77.33(6), 77.34(5)e, 77.37(15)e, 77.39{14)d, 18.34(5)c,d, 78.38(5)c, 79.1{2) p.4

Memberships, operator registration 61-2.15(6), ch 25 Migratory labor 641---ch 81, 173.1{1)

CARE

Parks/recreation areas, state 571-61.2-61.4, 61.5(7)e, 61.5(10), 61.6, 61.24, 63.3, 63.4 Prohibitions/restrictions 571-61.5(6,7,10), 61.6(2,4), 62.3, 62.4, 62.9, 62.11, 63.4, 64.3 Respite care 441-180.7(2), see also Medical Assistance Providers above Sanitation 641---ch 18 Signs

Interstates 761---ch 118, 131.4 Off-highway 761-131.7

\.,, Taxation

Generally 701-18.43, 215.58 Summer recreation 701-17.1(5)h

CARE FACILITIES County 441---ch 37, 151.1(2)b(7), see also HEALTH CARE FACILITIES Day care

Adult 321---ch 24; 441---ch 171 Child 441---chs 49, 109, 159, 168, 170; 661-5.500-5.502 Family/group 441---chs 49, 110, 170

\,.,/Family-life homes 441---ch 111

1

CARE Index CARE FACILITIES (cont'd)

Foster care 441---chs 112-117, 156, 202, see also FOSTER CARE

Hospice, see HOSPICE

Hospitals, see HOSPITALS

Intermediate, see HEALTH CARE FACILITIES

Juveniles, shelter/detention 441---chs 105, 167

IAC9/23/98

Mental retardation 441---ch 116, see also HEALTH CARE FACILITIES; MENTALLY RETARDED

Nursing, see HEALTH CARE FACILITIES

Ombudsman program 321-5.4, ch 8, 9.12-9.14 Residential, see RESIDENTIAL CARE FACILITIES

Respite care, see HUMAN SERVICES DEPARTMENT

CARNIVALS See AMUSEMENTS AND AMUSEMENT PARKS

CARRIERS See also BUSES; MOTOR VEHICLES

Beverage sales 567-107.8(1) Commercial vehicles 701-12.10; 761-520.1(2,3), 520.6-520.8, 602.1(1,3), chs 605,

607 Common

Authority 761-523.1(4) Cigarettes 701-81.4(10), 83.8(2) Liquor 185-8.1 Student transportation 281--43.43

Contract 641-39.5(4,6); 701---63.25(3), 64.3"5"(d), 64.19, 64.22, 65.15; 761---chs 520, 523

Definitions 761-500.1, 505.1, 513.1, 520.2, 523.1, 525.1, 525.13(1), 528.1 Dimensions, highway restrictions 761---ch 511 Fees 761-500.3(1)d,e, 500.7, 500.8, 500.10, 500.12-500.14, 511.5, 511.15(2)i, 525.5,

525.6, 528.4(2), 528.5(2) Flammable liquids 661-5.450 Freight 761-523.5, 528.1(6) Hazardous materials 347-110.1(6); 567-131.2, ch 140, 141.4, 141.12; 661-5.450,

5.850; 761---ch 520, 605.4, 607.17(1,5), see also RADIATION MACHINES AND RADIOACTIVE MATERIALS

Insurance 761-511.6(1), 523.4, 525.2, 525.3, 528.2 Interstate 567-107.8(1); 701-17.8, 32.4, 32.9; 761---chs 500, 505, 529 Leases 701-32.9, 33.7, 34.5(8); 761-500.4, 500.16, 505.3(8), 523.6, 525.12, 525.13,

528.4(4), 528.12

2

IAC9/23/98 CARRIERS (conl'd)

Motor/charter Generally 761-chs 520, 525 Bills of lading 761-525.1(5)

Index

Certificate of convenience/necessity 761-523.1(4), 525.1(3), 525.5, 525.12, 525.15 Fees 761-525.5, 525.6 Insurance/bonds 761-525.2, 525.3 Interstate commerce commission (ICC) 761-ch 529 Leases 761-525.12, 525.13

'.,.J Marking 761-525.4 Records/reports 761-525.8 Registration 761-ch 500, 529.2 Services, office 761--400.5(2-4) Tariffs 761-525.14

Operation, temporary 761-500.11 Permits

All-system 761-511.8 Annual 761-511.4, 511.5(1), 511.7, 511.11(1) Escort load 761-511.15

\..,.;) Fuel 701-63.23(1)b; 761---ch 505 Oversize vehicles/loads 761---ch 511 Reciprocity 761-500.2(2)c, 500.3(2) Rubbish vehicles 761-ch 513 Trip 761-500.2(2)c, 500.3(3), 500.4(1), 511.4, 511.5(2,3), 511.9, 511.10,

511.11(2-4) Truck/contract operators 761-523.1(4), 523.2

Radioactive materials, see Hazardous Materials above; RADIATION MACHINES AND RADIOACTIVE MATERIALS: Transportation/Packaging

Railroads, motor fuel transport 701-64.19, see also RAILROADS -...._.; Records/reports 701-32.4, 64.19; 761-500.20, 505.4-505.6, 525.8, 525.12, 528.5

Registra~ion

Address 761-400.5(2-4), 400.6, 500.2, 500.3(1)d, 529.2 Allocation, one-way rentals 761-500.3(4) Equipment, special mobile 761---ch 410 Nonresidents 761-500.4( 4,5) Permits, see Permits above Prorate 761-500.3(1,5), 500.9, 500.11, 500.13, 500.17 Temporary 761-500.11 Title, non-Iowa 761-500.16

3

CARR

CARR CARRIERS (cont'd)

Safety, see Hamrdous Materials above

Taxation

Index

Cigarette transport 701-81.4(10), 83.8(2,3) Corporations, apportionment 701-54.7(2) Exemptions 701-17.8, 32.4, 32.9, 32.10 Fuel, motor vehicle

Dealers/distributors/users 701-chs 63-65, see also TAXATION: Motor Fuel

Evasion 761-505.6 Exemption, urban transit 701-18.38 Refunds 701-18.37; 761-505.4

Income, nonresident employees 701--46.4(2)"8,12" Sales, retail 761-16.24, 16.25 Trailers/semitrailers, exemption 701-32.4, 32.9

Telecommunications 199-ch 39 Transport, liquid

Generally 761-ch 528

IAC9/23/98

Bills of lading 701-63.3(1), 64.3"1," 64.7(2), 64.16, 64.17, 64.20; 761-528.6 Bond requirements 701-63.23(1)b; 761-505.3(6), 528.2(1) Certificates, convenience/necessity 761-528.4, 528.5(2-4), 528.13 Complaints 761-528.7 Definitions 701-64.1"7"; 761-528.1 Fuel tax permits 761-ch 505 Marking 761-528.3 Records/reports 761-505.4-505.6, 528.5 Registration 761-ch 500, 529.2 Tariffs 761-528.11

Truck operators See also Taxation above

Cenerally 761-ch 523 Bills of lading 761-523.5 Bonds 761-505.3(6), 511.6(2), 523.2(2), 523.4(1) Commodities/agricultural products 761-523.8(7 ,9) Complaints 761-523.7 Marking 761-523.3 Mobile equipment, certificate of title 761-410.1 Permits 761-ch 511, 523.1(4), 523.2

4

lAC 9123/98 CARRIERS (cont'd) Truck operators

Registration 761-ch 500, 529.2 Tariffs 761-523.8

Index

Weight restrictions 761--400.47, 410.3, 500.1, ch 511, see also MOTOR VEHICLES

CARS See MOTOR VEHICLES

CATTLE \,./ See DAIRIES; LIVESTOCK

CEMETERIES Ancient 685----chs 11, 12 Board, duties 645-100.5(10) Disinterment 641-101.4(3), 101.7; 645-100.8 Perpetual care 191-ch 18 Sexton 641-101.4(3), 101.7(1) Taxation, sales

Fertilizer 701-17.4 ~ Funeral services 701-18.21

CENSUS Registry, deaf 429-2.3(13) Types, local option tax distribution 701-107.10"2"

CERTIFIED PUBLIC ACCOUNTANT See ACCOUNTANCY, ACCOUNTANTS

CHARITY Campaign, state 581-ch 25

"'-1 Food, commodity distribution 441-ch 73 Food establishment inspections 481-1.5"2" Gambling receipts, distribution 481-100.34; 491-20.11(6) Individual development accounts (IDAs) 441-ch 10 Medical services, volunteers 641-ch 88 Payroll deductions 681-16.9(2)f, 701-ch 203 Solicitation, regents institutions 681-12.7(3), 13.7(3), 14.2, 15.8, 16.9 Taxation

Deductions 223-37.1; 701-41.4(1) Exemptions 701-17.1

5

CHAR

CHEC

CHECKOFFS Beef cattle sales 21-ch 20; 101-ch 3 Com 21-ch 20 Eggs 21-ch 20; 301-ch 4 Revenues, wildlife habitats 571-ch 22 Sheep/wool sales 741-ch 4 Soybeans 21-ch 20

Index

Tax returns 351-2.1, 2.9, 2.11, 5.1(2); 571-22.1-22.4; 701-43.4

CHEMICALS See also DRUGS; EXPLOSIVES,· FEED, COMMERCIAL; FERTILIZERS; FUEL;

HERBICIDES; PESTICIDES; POISONS; RADIATION MACHINES AND RADIOACTIVE MATERIALS

lAC 9123/98

Agricultural 21-chs 43-45; 347-110.1(5); 567--62.4(55), 141.3; 701-17.4, 17.9(3), 17.10; 761--607.49, see also FERTILIZERS; HERBICIDES; PESTICIDES

Antifreeze standards 21-85.33 Dead animal disposal 21--61.19, 61.24, 61.29 Embalmers, use 645-100.5(1,3,4); 701-18.21 Hazardous, right-to-know 347-1.64(3) Chart XII, 2.2(1)c, 2.4, chs 110, 120, 130, 140;

605-103.3(3,4), ch 104 Household, retailer requirements 567-ch 144 Industries

Effluent/pretreatment standards 567-ch 62 Employee exposure 347-10.19 Monitoring 567--63.3(3) Pollution, air 347-10.19; 567-chs 20-26 Right-to-know, see Hazardous, Right-to-Know above

Pharmacists 657--6.6, 7.5(1) Refrigerants 661-5.252 Research, controlled substances 657-1.1(3)d, 10.2, 10.3, 10.12, 10.21, 10.22 Sales/use tax exemptions 701-17.4, 17.9(3), 17.10, 17.14, 18.3, 18.21, 18.47 Spas 641-15.51(2-4), 15.52(11) Swimming pools 641-15.4(2,3), 15.4(4)a,n, 15.4(6)/~1), 15.4(6)g,j,k, 15.5(11,12) Wastes, see ENVIRONMENTAL PROTECTION COMMISSION subheads Hazardous Waste;

Solid Waste Management/Disposal

6

lAC 9/23/98 CHEMICALS (cont'd)

Water

Index

See also ENVIRONMENTAL PROTECTION COMMISSION: Water Quality: Supply; WATER

Community supplies Contaminants, levels 567---ch 41, 43.3(10), 83.6(7)b, see also ENVIRONMENTAL

PROTECTION COMMISSION: Water Quality Disinfection 567-40.2, 41.2(1)d, 41.2(3), 41.5(1)e, 41.7, 43.5, 43.7(2,3) Fluoride 567-41.3(1), 41.10(2)e(5), 43.7(1)b(5), 83.6(7)b{4); 641---ch 20

\.,.1 Treatment, records 567-41.7(2), 43.7(1,2)

Surface, standards 567--61.2(5)c(2), 61.3(3) Swimming pools/spas, see Spas above; Swimming Pools above Tanks, underground storage, see ENVIRONMENTAL PROTECTION COMMISSION Taxation 701-18.3 Tests, laboratory certification 567---ch 83

CIDCKENS See POULTRY

\.w) ClDLDREN See also BIRTH; DISABILITIES; EDUCATION; HUMAN SERVICES DEPARTMENT;

JUVENILES; SCHOOLS Abduction, information 661---ch 19 Abuse

Abortion, notification exception 641-89.22(4) Adoption 191-35.26(4)b(1); 441-107.4(5), 107.8(1), 108.6(3), 108.9(4)d,e,

157.3(1)a(16), 157.3(1)b, 200.4(1)b, 200.4(1)d, 200.11(1) Assessment 441-175.21-175.37 Care

See also Services this subheading below; DAY CARE \,..; Emergency assistance 441---ch 133

Providers, crisis 441---ch 118

Consultants 441-175.28 Criminal records, check/evaluation 441-107.4(5), 107.8(1)c, 108.8(1)c(13),

108.9(4)d,e, 109.2(4,5), 109.6(6), 110.7(3), 110.31, 112.5(1)d, 112.6(1)d, 113.13, 114.7(3), 114.8(1), 157.3(1)b, 157.3(1)d(1), 175.40(3), 200.4(1)b,d; 481-41.15; 643---3.2(8)~ see also HEALTH CARE FACILITIES subheads Personnel; Residents

Definitions 441-175.21 Education 441-175.37

ClDL

Foster care facilities 441-108.8(1)c(13), 112.5(1)d, 112.6(1), 112.10, 113.13, 114.7(3), 114.8(1), 114.19, 117.7(2), 202.13(1)c

7

CHIL CHILDREN (cont'd) Abuse

Index lAC 9/23/98

Founded 441-175.39, see also Criminal Records, Check/Evaluation this subheading above

Information, release 441-9.4(6), 9.7(2)d, 9.10(12), 9.10(17)b, 175.30, 175.32, 175.38, 175.41, 175.42, 202.13(1 )c

Investigations 441-9.10(12), 101.16, 103.16, 114.7(3)a(3), 130.3(1)e, 175.29, 175.30, 175.34; 641-73.11(2)a

Prevention programs 349--ch 1; 441-130.3(1)e, ch 155; 641-87.13 Protection centers 441-175.33 Records/registry 441-9.4(6), 9.7(2)d, 9.10(12,17), 9.11, 9.12(1)b(3,6), 175.25"7,"

175.32, 175.33, 175.36, 175.38--175.40; 481-51.7, see also Criminal Records, Check/Evaluation this subheading above

Rehabilitative treatment, staff training 441-185.10(7) Reports 441-77.37(7), 112.10, 150.3(3)g, 150.5(3)g, 175.22-175.24, 175.27, 175.32,

175.33, 175.35-175.37, 175.39, 175.40, 200.11(1) Services 441-130.3(1)e, chs 133, 182, 185 Div. II; 641-80.4(3), 80.5(3)c,f

Sexual 441-175.22; 641-89.22(5) Students 281--ch 102, see also Corporal Punishment below

Adolescents See also JUVENILES

Driver's licenses, see MOTOR VEHICLES: Licenses: Minors

Employment programs 281-21.72-21.74, ch 66; 871-23.18(5); 877--8.6, chs 10, 12

Monitoring/outreach services 441-133.1, 133.3(4){, 151.21-15130 Pregnancy/parenting

Abortion 641--ch 89 Family investment benefits, eligibility 441--41.22(15-19) Prevention program 441--ch 163

Adoption 191-35.26(4)b; 441-9.10(14), 9.11, 9.12(1)b(5), chs 107, 108, 142, 157, 160, 200, 201, 203; 701--41.5(3), seealsoADOPTJON

Aid to dependent children (ADC), see FAMILY INVESTMENT PROGRAM (FJP)

At-risk, services 281--chs 64, 65, 67; 349--ch 1; 441--ch 133 Baby-sitters, minimum wage 347-219.5, 219.103-219.106, 219.109(2) Benefits

Burial 441-56.2(3), 156.8(5), 201.6(1)a(8) Insurance 191-38.4(4) ill, ch 80; 441--ch 98, 151.2(5), ch 158 Medicaid, see HUMAN SERVICES DER\RTMENT: Medical Assistance (Medicaid)

Peace officers 581-24.12

Child development coordinating council 281--ch 64

8

lAC 9/23/98 CHILDREN (cont'd)

Corporal punishment 281-ch 103

Index

Counseling 281-41.94(2), ch 66, see also EDUCATION: Counselors

CIIIL

Court-ordered services 441-98.22-98.24, 98.33, 98.35, 98.43-98.45, ch 99, 150.3(6)b, ch 151, 175.31(1), 185.2(3), 200.7, 200.10(1); 641-80.8

Crime See also Abuse above Sex offender registry 661-8.301-8.305 Victims, criminal parole 205-ch 7, 13.2

'..~ Day care 349-1.26(8), 1.28; 441-ch 49, 99.2(7), cbs 109, 110, 118, 130, 133.3(4), 151.1(2)(, 153.1, 156.8(8)b, cbs 159, 168-170, 201.6(1)a(4); 641-ch 7; 661-5.500-5.502, see also DAY CARE; WORK AND TRAINING PROGRAMS: PROMISE JOBS: Child Care/Transportation

Deaf 681-ch 16, see also DEAF Death

Burial benefits, see Benefits above Infant autopsies 661-ch 21 Review team 641-ch 90

Delinquency, see JUVENILES \._,) Driver's licenses, see MOTOR VEHICLES: Licenses: Minors

Education, see EDUCATION; SCHOOLS Employment, see Adolescents above; Labor Laws below Family services

See also Support below; ADOPTION; DAY CARE; FOSTER CARE Emergency assistance 441-chs 58, 133 Empowerment grant program 349-ch 1 Family-centered 441-ch 182 Family development/self-sufficiency program 441-ch 165 Family investment program, see FAMILY INVESTMENT PROGRAM (FIP) Family support subsidy 441-ch 184 Nonrehabilitative treatment 441-ch 182 Preservation supportive services 441-ch 181 Rehabilitative treatment 441-ch 185 Respite care 441-ch 180, 182.8(1), see also Respite Care below Wrap-around funding 441-ch 179

Food program Stamps 441-65.1, 65.8(8), 65.22(1)g, 65.24, 65.28(2)a,d, 65.28(11), 65.29(7) Women/infants/children (WIC) 21-ch 50; 441-78.1(14), 78.18(7), 78.31(4)h;

641-ch 73

9

CIDL Index IAC9/23/98 CHILDREN (cont'd)

Foster care 441-41.25(2), 65.24, 75.1(10), 75.16(1){, 76.1, 76.2(1}a, 77.30(5)d, 77.37(15), 79.1(2), 98.24(2)d, 99.4, 99.5(4), chs 112-117, 150.3(6)b, cbs 156, 158, 164, 179, 180.7(1)b(1), 200.1, 200.3(1), 201.6(1)a(2)"3," ch 202; 481-1.5"5," 40.1; 489--chs 1-4, see also FOSTER CARE

Funds, innovation zones 417--ch 20 Gambling, pari-mutuel 491-8.2(21) Goldfinch, historical magazine 223-15.4 Grants

Abuse prevention 441--chs 118, 155 Adolescent pregnancy 441-163.3 Adoption 441--ch 160 Child development, at-risk 281--chs 64, 65, 67; 349---ch 1 Day care 349-1.26(8), 1.28; 441---chs 153, 159, 168, 169 Empowerment program 349-1.18--1.23, 1.26, 1.28, 1.29, 1.31, 1.32; 441---ch 169 Foster care 441-156.9, ch 164 Lead abatement 641--ch 72 Love our kids program 641--ch 141 Maternal/child health (MCH) 641---ch 76

Health care See also Mental Health below Empowerment program 349-1.19(1 )b Healthy and well kids in Iowa (HAWK-I) board 441-1.10 Healthy families Iowa (HFI) program 641---ch 87 Insurance 191-35.26(4)b, 71.14{7), ch 80 Newborn/obstetrical 641--chs 75, 81, 82 Special needs subsidy 441--ch 184 Youth services program 281---ch 66

Health care facilities, admittance/restrictions 481-41.4, 57.13(1);, 57.31, 58.12(1);, 58.36(1), 59.14(1);, 59.41(1), 62.10"9," 63.13(1);, 63.29(1), 65.10"9"

Homeless 281---ch 33; 4-U---ch 58 Hospitals

See also Mental Health below Certificate of need 641-203.2(2){, 203.2(3), 203.2(6)d, 203.9, 203.10 Foster/shelter facility residents 441-156.10 Medicaid 441-79.1(5)b(2,3), 79.1(5)e(3) Mental health services 441-31.5(2)d,e, 78.31(4)d(7)"7," 79.1(5)b(3), 85.1(2), 85.2,

85.3, 85.5-85.7; 481---ch 41 Nurseries 481-51.32; 641-203.9 Pediatric units 481-51.34; 641-203.2, 203.10

10

lAC 9/23/98 CHILDREN (cont'd)

Index

Hunting/fishing licenses 571-15.1(3)b, 91.6 Immunizations

Newborns 641-96.6(5) Schools/care centers 281-31.2(1)a(7), 31.4(1)e, 33.5; 441-109.9(3), 110.5(8)g,

110.25(7)g, 118.2(3); 641-ch 7

Independent living 441-108.10, 150.3(5)p{2), 156.8(2,6), 156.12, 156.20(1)b, 202.9 Infants

Autopsies 661-ch 21 Day care 441-109.12(5), 110.35(1) Medical assistance 441-75.1(28)f,j, 78.9(9)c Mortality/morbidity prevention 641---87.12 WIC program 641-73.9(2), 73.9(3)1

Injury prevention, agricultural 641-ch 141 Inmates, home care program 201-20.17{1,6) Insurance, see Health Care above Juveniles, see JUVENILES Labor laws 347-1.64(3) Chart VIII, ch 32, 216.33(6); 877---8.6 Lead exposure, abatement/inspections/tests 441-78.44, 84.3(6); 641-70.6, ch 72 Lottery prize 705--1.19

cmL

Medical assistance (Medicaid), see HUMAN SERVICES DEPARTMENT: Medica/Assistance (Medicaid): Children

Mental health See also Hospitals above; DISABILITIES: Developmental Admissions, institutions 441-28.2(2) County services 441-31.5(2) Day treatment 441-78.16(6)d, 78.16(7), 78.31(4)d(7)"7," 85.25(3), 85.26 Psychiatric medical institutions for children (PMiq 441-75.1(7), 75.24(3)b(6),

76.2(1)a(2), 79.1(2), 79.14(1)a(7), 80.2(2)ac, 85.21-85.26, 88.63(5), 202.16; 481-ch 41

Youth services program 281-ch 66

Mental retardation 441-chs 116, 180, 202.2(5); 481-ch 40, see also MENTALLY RETARDED

Placement 441-108.10, ch 179, seealsoADOPTION; FOSTER CARE Political contributions 351-4.45 Pornography, corrections facilities 201-20.6(4) Pregnancy, adolescent, see Adolescents above Radiation exposure 641-38.2, 40.21, 40.37 Refugees 441---60.1, 60.7, 61.1"8, 9," 61.14, 156.20(1)b(3) Residential care 441-chs 115, 116, 156.19; 481-40.1, 57.13(1)j, 62.10"9," 63.13(1)j,

see also Mental Health: Psychiatric Medica/Institutions for Children (PM/C) above; RESIDENTIAL CARE FACILITIES

11

cmL Index CHILDREN (cont'd)

Respite care 441-77.30(5), 77.37(15), 156.8(7), ch 180, 182.1, 182.8(1) Runaways 441-85.25(2)c, ch 143, 156.10(1)c, 156.10(2)c

IAC9123/98

Shelter care/detention facilities 441-85.25(2)c, ch 105, 143.5, 150.3(5)a(8), 150.3(5)p, 150.22(7)p, 156.10(3), 156.11(3), ch 167; 481---ch 40

Special needs, see HUMAN SERVICES DEPARTMENT Substance abuse, see SUBSTANCE ABUSE Support

See also FAMILY INVESTMENT PROGRAM (FIP) Appeals/hearings 441-7.1"7," 95.13, 98.81(3), 98.97(3), 99.41(7,8), 99.61, 99.86(2),

99.101; 871-24.59(7) Collections

See also Nonpayment; Overpayment this subheading below Accounts 441-95.24 Contractors/attorneys, referral, costs 441-95.15, 98.121, 98.122 Credits 441-95.3 Lump sum settlements 441-95.5 Services center 441---ch 97

Definitions 441-95.1, 97.1, 98.1, 99.36, 99.61, 99.81, 99.101 Family investment program (FIP) eligibility 441-41.22(4-9), 41.27(6)u, 95.3, 95.23 Food stamps, income deductions 441-65.8(8), 65.22(1)g Foster care 441-98.24(2)d, 99.4, 99.5(4) Income considerations

Deductions 441-99.2, 99.5(3,4), see also Food Stamps, Income Deductions this subheading above

Determination 441-98.104, 99.1(2) Estimates 441-99.1(4) Exemptions 441-99.1(1) Fluctuating 441-99.1(6) Guidelines, supreme court 441-99.2, 99.4, 99.5 Net 441-99.3 Self-employment 441-99.1(5) Verification 441-99.1(3), 99.85, 99.87

Information 21-6.17; 61-2.14(15); 193A-16.9; 193B--6.9(3); 193C-5.9; 193D-5.9(3); 193E-5.18; 193F-9.9(3); 282---10.3; 441-95.12, 95.16, ch 96, 99.64, 99.67, 99.85, 99.89; 481-5.11(4); 641-192.3; 653-1.13(4); 657-25.4; 661-25.14; 811-5.17; 871-24.59(1,2)

Medical 441-65.8(8), 75.14, 98.1-98.8, 98.39, 99.2(5), 99.41, 99.64(3), 99.66 Modification 441-98.45, 98.104(3), 99.81-99.92

12

IAC9/23/98 CHILDREN (cont'd) Support

Nonpayment Administrative levy 441-98.91-98.97

Index CIDL

Certificates, noncompliance 441-98.103(3), 98.104(2), 98.105(2), 98.106, 98.107 Employment orders 441-98.71-98.76 Income/benefits, withholdings 441-95.3(1)a, 95.8, 98.5, 98.8, 98.21-98.24,

98.31-98.37, 98.39--98.46; 871-24.59, see also Medical this subheading above Licenses/permits/registrations/certifications, deniaVrevocation 21--ch 7; 61--ch 24,

25.4(15); 191-19.25, 50.11; 193A-9.12, 12.18; 193B-2.6, 5.23; 193C-1.8, 4.30; 193D-2.11, 4.1, 4.11; 193F-4.6, 7.6; 28~h 10; 441-96.2(1)a, 98.101-98.107, 110.12, 110.36; 481-ch 8; 491-3.11, 13.12; 501--ch 12; 567-134.4(2,6); 591---6.6, 6.7, 6.14, 15.3(1), 15.12(2); 641--ch 192; 657-9.1(4)x, ch 25; 661-2.21, 5.866; 701-6.3"3," 13.7, 13.16, 13.17, 30.1(4), 43.3(3), 67.23(3), 81.12(1,2), 81.13(3,4), ch 150; 705---2.4, 2.7; 761---600.4(8), 615.24, 615.45(1)/c; 811-ch 13

Names, publication 441-98.61, 98.62 Reasons, validity 441-98.74, 98.102 Taxation refunds, offsets 441-95.6, 95.7, 98.81; 701-43.3(3)

Obligations, review/adjustment 441-98.104(3), 99.25, 99.61-99.71 Orders 441-96.6(4), 98.5, 98.7, 98.8, 98.21-98.24, 98.33, 98.35, 98.36,

98.39-98.46, 98.61, 98.121, 99.10, 99.29, 99.30, 99.39, 99.41, 99.83, 99.91, 99.102, 99.105, 99.107(4), 99.110, see also Employment Orders this subheading above

Overpayment 441-ch 46, 98.46, 98.97(2) Paternity 441-75.14, 95.19, 95.20, 99.10, 99.21-99.32, 99.36-99.39, 99.83(2)b Records 441-9.10(4,10), 9.11, 9.12(1)d, ch 96, 97.2, 99.39 Referrals 441-41.22(5), 75.14(5) Services

Attorneys 441-95.15, 98.122 Fees 441-95.22, 99.68, 99.90 Modification, obligations, see Modification this subheading above Nonassistance recipients 441-95.2(2-4), 95.14(3,4), 95.18, 95.21, 98.2(1) Termination 441-95.3(1)d, 95.14, 95.18(2,3), 95.21

Suspensions/reinstatements 441-99.101-99.110 Temporary 441-99.10

Swimming pool/spa facilities 641-15.4(6)d Taxation

Credits, child care 701-42.2, 42.9, 46.3(2)b(4) Deductions, adoption expense 701-41.5(3)

War orphans, educational aid 801-1.10, 6.12(6); 871-24.23(24) ~ Women/infants/children (WIC), food program, see Food Program above

13

CIUL

CIULD SUPPORT RECOVERY See CHILDREN: Support

CIDROPRACI'ORS

Index

Abuse report, child/dependent adult 645-40.24(29); 653-14.10 Acupuncture 645-40.36; 653-14.10 Adjunctive procedures 645-40.39 Advertising 641-173.1{3); 645-40.24(7) Child support noncompliance 641--ch 192; 645-ch 41 Colleges 645-40.11, 40.13{6), 40.64 Competency 645-40.24(2), 40.24(3)c, 40.24(13,16,25), 40.51(5) Complaints 645-40.3(6)h, 40.17, 40.25-40.28, 40.33, 40.47 Conduct 645-40.24, 40.29-40.32, 40.51, 40.52(1) Confidentiality 645-40.7(1)a, 40.26(5), 40.33-40.35, 40.47(26), 40.51(9) Continuing education

Accreditation 645-40.64 Approvals 645-40.63-40.65 Exemptions 645-40.17, 40.69-40.73 Hearings 645-40.64{1 ), 40.65 Hours 645-40.62, 40.63{3), 40. 70(2), 40. 73{1 )d Penalty 645-40.16 Reports/records 645-40.17, 40.24(19), 40.66 Sponsors 645-40.64 Waivers 645-40.17, 40.72

Discipline, see Examiners Board below; Malpractice below

Examiners board Attorney general representation 645-40.47(12) Declaratory rulings 645-40.10 Discipline 645-40.21-40.35, 40.47 Duties 645-40.2, 40.3, 40.21, 40.22

lAC 9/23/98

Examinations 645-40.2, 40.3(3)d, 40.7(1)c, 40.11(4)b, 40.13, 40.14, 40.16(1), 40.17, 40.18(3), 40.22, 40.39, 40.47(25)h, 40.70(2), 40.73(2)

Forms 645-40.17 Hearings 645-40.11(3), 40.28(1), 40.47, 40.64(1)d, 40.65 Impaired practitioners review committee 641--ch 193; 645-ch 42 Investigations 645-40.3(6)b,c, 40.23, 40.25-40.27, 40.30, 40.34, 40.35, 40.47 Meetings 645-40.3{4), 40.6, 40.7, 40.12{5), 40.52 Notice 645-40.9, 40.47(10,13,18,20,27), 40.64{1) Office 645-40.4, 40.5

14

lAC 9/23/98 CHIROPRACTORS (cont•d) Examiners board

Index

Peer review committee, see Peer Review Committee below Public health department authority 641-170.4(1) Records 645-40.34, ch 49, see also PROFESSIONAL LICENSURE DWISION Rule making 645-40.8, 40.9 Schools, approval 645-40.11(3) Subpoenas 645-40.24(21), 40.47(18,19)

Ex parte communications 645-40.47(33) Impairment, practitioners 641---ch 193; 645--ch 42

~ Inactive practitioners 645-40.69, 40.70 Insurance

Consultants 645-40.38 Coverage 191-36.7(1)1, 71.14(4), 75.10(3)

Interns 645-40.11 Ucenses

Application 645-40.13(1-3), 40.14, 40.16(1), 40.17, 40.24(1), 40.47(35) Certification/duplication 645-40.16(3,4) Continuing education, see Continuing Education above

~ Denial 641-192.1, 192.2(5); 645-40.47(36), 41.1 Discipline 645-40.24, 40.73 Examination, see Emminers Board above Fees 641-192.2(5); 645-40.12(2,3), 40.14(1), 40.16 Lapsed 645-40.12(3), 40.15, 40.73 Reciprocity 645-40.14 Reinstatement 641-192.2(7); 645----40.12(3), 40.17, 40.47(35), 40.70(2)c, 40.73 Renewal 641-192.2(5); 645-40.3(6}j, 40.12(2,3), 40.15-40.17, 40.73, see also

Continuing Education above Requirements 645-40.11(4), 40.12-40.14, 40.17 Suspension/revocation 641-192.2; 645-40.13(1)(, 40.22, 40.24, 40.47, 41.1

Loans, student 283-ch 32 Malpractice

See also Emminers Board above Definition 645-40.1 Reporting 645-40.29-40.33

Medical assistance 441-77.8, 78.8, 79.1(2), 79.1(13)b, 79.14(1)b(5), 80.2(2)c National Board of Chiropractic Examiners 645-40.13(1)d Nutritional product sales 645-40.37 Peer review committee 645-40.1, 40.25-40.28, 40.35, 40.47(5)

15

CIDR

CIDR Index CHIROPRACTORS (cont'd)

Physical examination 281-12.4(14), 36.15(3), 43.15; 645-40.40, 40.41 Preceptorship 645-40.11(4)

IAC9/23/98

Reports 645-40.11(3)c,d, 40.24(10,19,22), 40.26(4), 40.27(2), 40.29-40.32, 40.35, 40.47(6), 40.64(1), 40.66

Rule making 645-40.8 Scope of practice 641---ch 194 Subpoenas 645-40.24(21), 40.33, 40.35 X-ray requirements 641-38.8(1), 42.3(4), 42.2(4); 645--40.41, see also X-RAYS

CHMIS See COMMUNITY HEALTH MANAGEMENT INFORMATION SYSTEM (CHMIS)

CHOLERA Hog 21-61.3&, 64.5, 64.17 Human 641-1.2(1), 1.3(1)a

CHORE SERVICE Generally 441-77.30(7)d, 77.33(7)a, 77.33(15)d, 77.34(8)d, 77.37(33)d, 77.39(31)d,

1831(1), 79.1(2), 83.26; 641---ch 80

CIGARE'IT.ES AND TOBACCO See TAXATION

CITIES See also ANNEXATION Airport development/improvement 761---chs 710, 715, 720 Assessors 263-2.3(3); 701-chs 71, 72, 80, see also ASSESSORS Attorneys

Assessment equalization, protest 701-71.14 Benefits, retirement 581-21.5(1)a(3)

Audits 81-ch 21, 25.4(4), 25.8, 25.9 Bikeway/walkway construction 761-150.4(3,4) Boundaries 263---chs 2-4; 721-21.400, see also ANNEXATION Bridge construction/replacement 761-chs 160, 161, 163.7(1)b, 164.6(1)b Budgets 541-1.4, 1.5; 543-2.1, 5.5(3,4); 545-chs 2-4 Buildings, energy management 565-chs 6, 17 Business development 261-chs 58, 59, 80 Commerce department hearings 199--7 .2(7)d Community builder program 261-23.7(5)a(5), cbs 58, 80

16

lAC 9/23/98 CITIES (cont'd)

Index

Community economic bettennent account (CEBA) program 261-ch 53 Conference boards 701-71.19(2,3), 72.11, 120.2 Conservation fund, land/water (L&WCF) 571-ch 27 Council

Assessment equalization, protest 701-71.14 Assessors, ordinance repeal 701-71.19(1)b Boundaries, change 263--1.7, 2.3, 3.31, 4.4 Enterprise zones, designation 261-59.3(3)a(4) Grants, community development 261-ch 44 Hazardous waste facilities, commission 567-150.4 Health department, district, withdrawal 641-78.5 Homesteading program 265-ch 3 Liquor violations/complaints 185-10.2 Railroads, grade crossing projects 761-820.5 Taxation

See also Taxation below Cigarettes/tobacco, pennits/licenses 701-81.12(1), 81.13(4) Hotel/motel 701-105.1 Local option 721-21.800(3) Property

Boards, review 701-71.20(1) Buildings, speculative 701--80.5(1) Industrial, exemption 701--80.6 Small business, credit, underground storage tanks 701-80.10 Urban revitalization, exemption 701-80.8 Wind energy conversion 701-80.13

Zoning, elder family homes 321-22.15(2)

~,._~~rime prevention, juvenile 428--ch 4 -oepositories, public funds 781-3.2

Development board Boundary changes 263--1.7, chs 2-4, see also ANNEXATION Budget 261--ch 37 Declaratory rulings 263-2.10 Islands, identification/annexation 26~h 5 Organization 261-ch 37; 263-ch 1, 2.11 Records

Generally, public/fair infonnation 26~h 6 Address 263----6.3

17

em

em CITIES (cont'd) Development board

Records

Index

Confidential 263--6.9(2), 6.10-6.12, 6.13(2), 6.14, 6.15 Definitions 263--6.1, 6.10 Disclaimer 263--6.16 Disclosures 263--6.10, 6.11 Fees 263--6.3(7) Open 263--6.9(1), 6.13(1), 6.15 Personally identifiable information 263--6.14

Report, annual 261-37.1(1) Rule making 261-37.1; 263---1.2

Elections Conduct, clerks' duties 721-20.2 Signature requirements 721-21.400, 21.401

Electric transmission lines 199-ch 11; 701-18.45(3) Emergencies

Air pollution 567---ch 26 Flood relief 261-23.13 Fuel set-aside 56~3.13(2)b

Management, local 605---ch 7

Employees 545---ch 4; 581---ch 21 Enterprise zones 261---ch 59 Feeding operations, animal 567-65.8(1)i, 65.11(4,5) Finance committee

Budgets Amendments 545---ch 2 Forms 54~3.1 Transfers, fund 545-2.1, 2.3-2.5

Declaratory rulings 545---ch 6 Definitions 54~2.1 Employee benefits 545---ch 4 Law enforcement training reimbursement 545---ch 9 Operations 545---ch 1 Records

Generally, public/fair information 545---ch 8 Address 54~.3(1) Confidential 545--8.9(2), 8.11-8.13 Data processing 54~.15 Definitions 545--8.1, 8.10

18

IAC9/23/98

\.,1

IAC9/23/98 CITIES (cont'd) Finance committee

Records

Disclaimer 545----8.17 Disclosure 545----8.9-8.11 Fees 545----8.3(7) Open 545----8.9(1), 8.13(1)

Index

Personally identifiable information 545----8.14

Rule making 545--chs 5, 7 Tax rate, appeals 545---ch 10

Fire See also FIRE AND FIRE PROTECTION Firefighters, retirement 545--4.3; 581-21.5(1)a(6,28), 21.6(9)d(4); 701-40.4 Inspections 481-35.3(3), 35.10 Investigation 661-5.6 Protection, water

Backflow prevention 641-25.6(1)c, 25.6(4)d Costs 199-21.8

Services, annexation 263--2.3(9-13)

Food/food service establishments, inspection 481~hs 30-35, 37 ~ Funds 761~hs 164, 180, 830; 781~hs 3, 12-15, see also Budgets above; Grants

below; Loans below; Transit Systems below Gambling 481-100.11; 641~h 162, see also GAMBLING Grants

Generally 261~h 21 Block

Community development 261~hs 23, 25, 80.4 Community services 427~h 22

COG assistance (Council of Government) 261~h 44 Community economic betterment account (CEBA) program 261~h 53

~ Energy conservation 565--chs 7, 8 Forestry development 571~h 34 Historic preservation 223--ch 35, 36.5, cbs 49, 50; 261~h 39; 265---15.7(2}; Housing

See also Housing below; Loans below,· Shelters, Homeless this subheading below Community action agencies 427~hs 22, 23 Community development 261-23.4(3), ch 25, 80.4 Economic development programs 261~hs 23, 25, 28 HOME investment partnership program 261~h 25

19

CITI

em CITIES (cont'd) Grants

Housing

Index

Iowa finance authority, assistance program 261-80.4; 265---ch 15 Mentally ill 441-39.29 Needs assessment/action plan 261--<:h 45

Job training/workforce development 261-23.4(4}, 23.7, 23.9 Parks/preserves 571-33.40 Public facilities, set-aside 261-23.8 REAP, see Resource Enhancement and Protection (REAP) this subheading below

Recreation 571--<:hs 27, 29, 30

IAC9/23/98

Resource enhancement and protection (REAP) 571-33.1-33.17, 33.19-33.21, 33.40 Review system, intergovernmental 261--<:h 38 RISE (revitalize Iowa's sound economy) program 261-80.4; 761--<:h 163 Rural action development program 261--<:h 48 Rural innovation 261--<:h 49 Rural leadership development program 261--<:h 47 Set-aside programs 261-23.7, 23.8 Sewer construction 261-23.4(6-8), 23.6; 567--<:hs 90, 91 Shelters, homeless 261-21.2(1), ch 24; 265---ch 14, 15.7(1)a Waste

Hazardous 567--<:hs 211, 214 Solid 567--<:hs 209, 210

Water supply 261-23.4(6-8), 23.6

Health Boards 21--61.23, 64.3, 64.17; 641-15.6, 15.12, 15.13, chs 72, 77-79 Services 641-170.4(4)

Historic development, see Grants above; Loans below

Homeless, see Grants: Shelters, Homeless above

Hotels/motels, inspection 481--<:hs 35, 37 Housing 261--<:hs 23, 25, 26, 28; 701-80.4, see also Grants above; Loans below

Hunting, deer 571-105.4(2) Incorporation 263-chs 2-4 Innovation zones 417--<:h 20 Inspections/licenses 481--<:h 35 Jails 201--<:h 50; 611-1.1 Liquor ordinances 185-4.3, 10.2 Loans

Community economic betterment account (CEBA) program 261--<:h 53, 80.4 Historic buildings, restoration 261--<:h 43

20

\.,)

IAC9/23/98 CITIES (cont'd) Loans

Housing 261-ch 25, 80.4; 265----ch 15

Index

RISE (revitalize Iowa's sound economy) program 261--80.4; 761-163.1, 163.5 Set-aside program 261-23.7 Waste, solid 567-ch 209 Wastewater treatment 567-ch 92

Mayors 581-21.5(1)a(9); 701-71.19(2,3); 761--451.2(2)b Motor vehicles

Dealer establishments, licenses 761--425.10(7)a -......,J Sales, city-owned 761--425.20(4)a

Open burning 567-23.2 Parks 571-33.40 Pesticide application, notification 21--45.50(5,7) Police, training reimbursement 545----ch 9 Railroads, assistance program 761-ch 830 REAP (resource enhancement and protection) 261--80.4; 571-ch 33 Retirement, employees (IPERS) 581-ch 21 Review boards, real estate assessment 701-71.2

\.,.I RISE (revitalize Iowa's sound economy) program 261-80.4; Roads

Access rights 761-112.4(1)d, 112.4(6), 112.11(3,7) Classification 761-100.8 Closure 761-151.1 Construction 261-53.5; 761-150.3(1), ch 163 Detours 761-151.1 Extensions, primary 761-150.4, 151.1 Lighting 761-150.3(3) Maintenance 263---2.3(14); 761-150.2(2), 150.3(2) Railroad crossings 761-130.1(3)a(3), 812.4

\...,) Right-of-way 761-150.2(1), 150.3(1)

761-ch 163

RISE (revitalize Iowa's sound economy) program 761-ch 163 Safety program 661-ch 20; 761-ch 164 Scenic byways 761-ch 132 Signs/signals 761-ch 117, 119.6, chs 131, 143, 150.2(4), 150.3(2,4), 150.4(1,2) Urban systems, federal aid (FAUS) 761-ch 180 Vehicle operation restriction 761-150.3(5)

Sesquicentennial communities 731-1.5(3) Sewers 261-23.4(6-8), 23.6; 263---2.3(9-13); 567-chs 9, 90-92; 76l-150.2(l)b,

150.3(1)d,e, 150.3(2)a(1), 150.3(2)c(3), 163.7(1)h, see also Taxation below; SEWERS

21

CITI

CITI CITIES (cont'd)

Sidewalks 761-150.3(2)b, 150.4(3) Signals, traffic, see Roads above

Index

Soil conservation, public improvement contracts 27--ch 6 Streets, see Roads above Swimming pools/spas 641--ch 15 Taxation

Appeals, rate suspension 545-ch 10 Cigarette permits 701-81.12(1), 81.13(4) Construction, exemption 701-19.12 Enterprise zone businesses 261-59.8, 59.10 Franchise tax allocation 701-58.7 Fuel 701-18.38, 64.3"4,5," 64.15, 65.15 Hotel/motel 701-103.14, 103.15, 104.7, ch 105 Local option 481-100.11; 701--ch 105; 721-21.800, 21.801 Property

Credit, small business, underground storage tank cleanup 701-80.10 Exemption

Industrial 261-58.4(2), 59.8(1 )b; 701-80.6 Low-rent housing 701-80.4 Military service 701-80.2 Reimbursement, resource enhancement and protection (REAP) 571-33.19 Urban revitalization 701-18.45(4), 80.8 Value-added 261-58.4(2), 59.8(1)b; 701---80.5, 80.6, 80.8

Housing, tax increment financing 261--ch 26 Wind energy conversion 701-80.13

Sewage services 701-14.3(9), 18.5(3), 18.39, 26.72 Storage, agricultural products/household goods 701-26.42(7) Utilities 701-14.3(9), 16.20, 16.50, 18.5, 18.39, 18.45(3)

Telecommunications network 751-7.4(6-8), 7.5"11," 7.6"11-15," 7.7(1)/c-n,r Trails, recreational 571-ch 28, 33.40(1); 761--ch 165 Transit systems

See also BUSES Financial assistance 761--chs 920--923 Fuel taxation 701-18.38, 64.3"5," 65.15, 68.8(2) Provider certification 761--ch 910

Urban revitalization 261--ch 26; 701-18.45(4), 80.8

22

IAC9/23/98

lAC 9/23/98 CITIES (cont'd)

Index

Utilities Funds, surplus 545-2.5(5) Relocation/removal 761-150.4(5) Right-of-way 761-115.22(2), 115.25(2), 115.28(3) Taxation 701-14.3(9), 16.20, 16.50, 18.5, 18.39, 18.45(3)

Waste Burning, open 567-23.2

~ Hazardous 567-150.4, cbs 211, 214 Reduction program 567-101.4 Solid 567-chs 101, 105, 209, 210; 701-14.3(9), 18.5(3), 18.39, 26.71(3-5) Yard 567---ch 105

Wastewater treatment/testing 567-63.4, 64.3( 4), ch 92, see also Sewers above Water supplies 261-23.4(6-8), 23.6; 263-2.3(9-13); 567-chs 41, 43, 81.12;

641-ch 20, 25.5(3), 25.6; 661-16.400(2), see also ENVIRONMENTAL PROTECTION COMMISSION

CITIZENS' AIDE \._) Address 141-1.2

Complaints 141---ch 2 Declaratory rulings 141-3.12(7), ch 6 Duties 141-chs 1, 2, 4 Hearings 141-2.10 Immunities 141-2.15 Investigations 141-1.3(1)d,e, 2.5-2.9, 2.12 Records

Address 141-3.3(1) Confidential 141-3.1, 3.4, 3.5, 3.8, 3.9, 3.10(2), 3.11(2), 3.12 Copying 141-3.3(5,6), 3.3(7)a, 3.11(1)

\._) Data processing 141-3.14 Definitions 141-3.1 Disclaimer 141-3.15 Fees 141-3.3(7) Open 141-3.1, 3.3(4), 3.10(1), 3.11(1) Personally identifiable information 141-3.6, 3.12 Personnel 141-3.12(8) Rule-making 141-3.12(6), 3.13(4) Suppliers, instructions 141-3.7

Reports 141-2.12, 2.13 Rule making 141-3.12(6), 3.13(4), cbs 4, 5 Violations 141-2.16

23

ern

em Index

CfDZENSIDP Family investment program (FIP) recipients 441--41.23(4,5) Food stamp eligibility 441---65.47, 65.48 Medical assistance eligibility 441-75.11(2), 75.11(3)b Parolees 201-45.6(2,3); 205-14.3(3)

CITY DEVELOPMENT BOARD See CITIES: Development Board

CITY FINANCE COMMITIEE See CITIES: Finance Committee

CIVIL AIR PATROL Emergency services, agreement 605-6.4

CIVIL RIGHTS

IAC9/23/98

Act, compliance 261-24.11(1), 73.15; 441--81.13(4), 150.3(3), 150.5(3), 150.7(3), 150.22(5)

Appeals 61-1.3(3)e; 161-4.6(2,7), 4.8 Attorney general representation 61-1.3(3)e Commission

Administration/organization 161-1.1 Declaratory rulings 161-1.4 Forms 161-1.5 Hearings 161-3.13(4), 4.1-4.3, 4.6(10), 4.7 Records

Generally, public/fair information 161~h 11 Address 161-11.3(1) Confidential 161-11.2, 11.3(4,5), 11.4, 11.5, 11.7, 11.9(2), 11.10(2), 11.11,

11.12(2,3), 11.13, 11.14 Data processing 161-11.15 Definitions 161-11.1, 11.10(1) Disclaimer 161-11.16 Disclosure 161-11.7, 11.9-11.11, 11.17 Fees 161-11.3(7) Hearings 161--4.2(5), 4.3(1,8,18), 11.17 Investigation/litigation 161-11.13(1-3) Open 161-11.2, 11.3(3-6), 11.5(6), 11.9(1), 11.12(1), 11.14 Personally identifiable information 161-11.1, 11.6, 11.13

24

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