Iowa Administrative

Code

Supplement Biweekly

March 18, 1981

WAYNE A. FAUPEL CoDE EDITOR

PHYLLIS BARRY DEPUTY CODE EDITOR

Laverne Swanson Administrative Code Assistant

PuBLISHED BY THE

STATE OF IOWA UNDER AUTHORITY OF SECTION 17A.6, CODE 1981

IACSupp. PREFACE IAC4/16/80

Pursuant to section 17 A.6 of the Iowa Code, the Iowa Administrative Code [lAC] Supplement is published biweekly and supersedes Part II of previous publications. \..I

The Supplement contains replacement pages to be inserted in the loose-leaf lAC according to instructions in the respective Supplement. Replacement pages incorporate amendments to

rules or entirely new rules or emergency or temporary rules which have been adopted tl~e agency and filed with administrative rules co-ordinator as provided in sections

. 7 1 17 A.4 to 17 A.6. [It may be necessary to refer to the Iowa Administrative Bulletin* determine the specific change.] The Supplement may also contain new or replacement

for "General Information" and a cumulative index for the Supplement.

objections are filed to rules by the Administrative Rules Review Committee, Gover­nor or the Attorney General, the context will be published with the rule to which the objection applies.

Any delay by the Administrative Rules Review Committee of the effective date of filed rules will also be published in the Supplement.

Each page in the Supplement contains a line at the top similar to the following:

lAC 12/29/75 Agriculture[30] Ch 1, p.l

•section 17A.6 has mandated that the "Iowa Administrative Bulletin" be published in pamphlet form which will contain material formerly published in Part I of the lAC Supplement. The Bulletin will contain l 1

Notices of Intended Action, Filed Rules, effective date delays, and the context of objections to rules filed ..._, by the Committee, Governor, or the Attorney Gener:al.

In addition, the Bulletin shall contain all proclamations and executive orders of the Governor which are general and permanent in nature, as well as other materials which are deemed fitting and proper by the Committee.

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lAC Supp. 3/18/81 Instructions

INSTRUCTIONS 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 to 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.

UPDATING INSTRUCfiONS March 18, 1981 Biweekly Supplement

IOWA ADMINISTRATIVE com:

Remove Old Pages* Insert New Pages

Commerce Commission [250] Analysis, p.2-Ch 1, p.1 Analysis, p.2-Ch I, p.1 Ch 28, p.1-Ch 28, p.l4

Conservation Commission [290] Ch 33, p.l, 2 Ch 33, p.1, 2

Health Department [470] Analysis, p.11 Analysis, p.l1 Ch 45, p.1-Ch 45, p.8 Ch 45, p.1-Ch 45, p.S Ch 135, p.6-Ch 135, p.9 Ch 135, p.6-Ch 135, p.9 Ch 135, p.26, 27 Ch 135, p.26, 27 Ch 141, p.1, 2 Ch 141, p.l, 2 Ch 141, p.5-Ch 141, p.l2 Ch 141, p.5-Ch 141, p.l2 Ch 141, p.21-Ch 143, p.2 Ch 141, p.21-Ch 143, p.2 Ch 149, p.3 Ch 149, p.3, 4

Housing Finance Authority [495] Ch 1, p.1, 2 Ch 1, p.l, 2 Ch 2, p.2-Ch3, p.l ch 2, p.2...:.....ch 3, p.t

Social Services Department [770] Ch 64, p.1-Ch 65, p.3 Ch 64, p.1-Ch 65, p.3

Transportation, Department of [820] [07,C] Ch 14, p.3, 4 [07,C] Ch 14, p.3, 4

•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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IAC9/17/80 Commerce[250] Analysis, p.2

CHAPTER11 ELECTRIC LINE FRANCHISING

11.1 (478) General information . 11.2(478) Reserved 11.3(478) Petitions 11.4(478) Informational meetings 11.5(478) Notices 11.6(478) Common and joint use

CHAPTER 12 BONDED WAREHOUSES

12.1(543) Application of rules 12.2(543) Types of products to be ware-

housed 12.3(543) Application for license 12.4(543) Warehouse license 12.5(543) Posting of license and fee re­

ceipts 12.6(543) Reinstatement of warehouse li-

cense 12.7(543) Financial statements 12.8(543) Bonds 12.9(543) Insurance 12.10(543) Notice to commission 12.11 (543) Issuance of warehouse receipts 12.12(543) Cancellation of warehouse re-

ceipts 12.13(543) Lost or destroyed receipt 12.14(543) Form of warehouse receipt 12.15(543) Settlement of obligation 12.16(543) Warehouseman's obligation

and storage 12.17(543) Storing of products 12.18(543) Suitable storage 12.19(543) Records 12.20(543) Adjustment of records 12.21(5~3) Scale weight ticket and set-

tlement sheets 12.22(543) Monthly statements 12.23(543) Tariffs 12.24(543) Rates 12.25(543) Identification of licensed stor­

age units 12.26(543) Maintenance of storage facili­

ties 12.27(543) Temporary storage facilities

CHAPTER 13 LICENSED GRAIN DEALERS AND

BARGAINING AGENTS 13.1(542) Application of rules 13.2(542) Application for license

13.3(542) Grain dealer license not trans­ferable

13.4(542) Posting of license and fee re­ceipts

13.5(542) Posting of vehicle registration plate

13.6(542) Surrender of license and regis­tration

13.7(542) Renewal, termination and rein .. statement of license

13 .8(542) Financial statements 13.9(542) Filing of bond 13.10(542) Payment 13.11(542) Books and records 13.12(542) Filing of monthly statement

and reports 13.13(542) Notice to commission 13.14(542A) Application for bargaining

agent permit 13.15(542A) Bargaining agent not trans­

ferable 13 .16(542A) Bonds 13 .17(542A) Information on proceeds of

sale 13.18(542A) Inspection of agent's books

UTILITIES AND TRANSPORTATION DIVISIONS

CHAPTER 14 [Repealed, see 10/20/75 Supp.)

Reserved

CHAPTER 15 [Ch 15, renumbered as ch 7)

CHAPTER 16 ACCOUNTING

16.1(476) Accounting-general informa­tion

16.2(476) Uniform systems of accounts­electric

16.3(476) Uniform systems of accounts­gas

16.4(476) Uniform systems of accounts­water

16.5(476) Uniform systems of accounts­telephone

16.6(476) Uniform systems of accounts­telegraph

16.7(476) Filing of present promotional practices

16.8(476) Compiling advertisements and expenses

Analysis, p.2a Commerce[250] lAC 11/15/78,3/18/81

CHAPTER 17 ASSESSMENTS

17 .l(490A) Definition of "direct assess­ment"

17 .2(490A) Definition of "remainder as­sessment"

17 .3(490A) Notice of investigation and of intention to assess costs

17.4(490A) Expenses to be included in direct assessments

17 .S(490A) Definition of "gross operating revenues derived from intra­state public utility opera­tions"

17.6(490A) Reporting of operating reve­nues

17. 7(490A) Compilation of assessment

CHAPTER18 UTILITY RECORDS

18.1 (476) Definitions 18.2(476) Location of records 18.3(476) Availability of records 18.4(476) Electric utilities 18.5(476) Rural electric co-operatives 18.6(476) Gas utilities 18. 7(476) Water utilities 18.8(476) Telephone utilities

CHAPTER19 SERVICE SUPPLIED BY

GAS UTILITIES 19.1 (476) General information 19.2(476) Records and reports 19.3(476) General service requirements 19.4(4 76) Customer relations 19.5(476) Engineering practice 19.6(476) Inspections and meter tests 19. 7(476) Standards of quality of service 19.8(476) Safety

CHAPTER 20 SERVICE SUPPLIED BY ELECTRIC

UTILITIES 20.1 (476) General information 20.2(476) Records and reports. 20.3(476) General service requirements 20.4(476) Customer relations 20.5(476) Engineering practice 20.6(476) Meter tests 20. 7(476) Standards of quality of service 20.8(476) Safety 20.9(476) Electric energy sliding scale or

automatic adjustment

CHAPTER 21 SERVICE SUPPLIED BY WATER

UTILITIES 21.1 (476) General information 21.2(476) Records and reports 21.3(476) General service requirements 21.4(476) Customer relations 21.5(4 76) Engineering practice 21.6(476) Meter testing 21. 7(476) Standards of quality of service

CHAPTER 22 TELEPHONE UTILITIES

22.1 (476) General information 22.2(476) Records and reports 22.3(476) General service requirements 22.4(476) Customer relations 22.5(476) Engineering 22.6(476) Standards of quality of service 22. 7(476) Safety

CHAPTER 23 ANNUAL REPORT

23.1 (476) General information 23.2(476) Annual report requirements­

rate-regulated utilities 23.3(476) Annual report requirements­

nonrate-regulated utilities

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lAC 3/18/81 Commerce [250] Analysis, p.J

CHAPTER 24 LOCATION AND CONSTRUCTION OF

ELECTRIC POWER GENERATING FACILITIES

24.1(476A) Authority. purpose and policy 24.2(476A) Definitions 24.3(476A) Form of application, place of

filing 24.4(476A) Application for certificate 24.5(476A) Initial commission review:

Application acceptance 24.6(476A) Procedural schedule 24.7(476A) Informational meeting 24.8(476A) Prehearing conferences 24.9(476A) Hearing procedure 24.10(476A) Separate hearings on separate

issues 24.11 (476A) Certification decision 24.12(476A) Site preparation 24.13(476A) Issuance of a certificate 24.14(476A) Exemptions from certification

application; application for amendment for certificate contents

24.15(476A) Assessment of costs

CHAPTER 25 lOW A ELECTRICAL SAFETY CODE

25.1(476,476A,478) General 25.2(476,476A,478) Iowa electrical safety

code defined CHAPTER26

CERTIFICATION OF GAS APPLIANCES 26.1(478A) General provisions 26.2(478A) Definitions 26.3(478A) Furnaces 26.4(478A) Absorption summer air condi-

tioning appliances 26.5(478A) Clothes dryers 26.6(478A) Cooking appliances

CHAPTER 27 IOWA-SAVE AMERICA'S VITAL

ENERGY 27.1(476) Scope and coverage 27 .2(476) Definitions 27.3(476) Temporary programs 27 .4(476) Program monitoring and en­

forcing compliance with the state plan

•Available rrom Commerce Commission Office and Adminis­

trative Rules Co-ordinator

27 .5(476) Scope of benefits 27 .6(476) Program announcements 27.7(476) Program audits 27 .8(476) Program auditors, installers

and inspectors 27.9(476) Listing requirements 27 .10( 476) Arranging installation 27.11(476) Arranging financing 27 .12(476) Post-installation inspection 27.13(476) Consumer grievance procedures 27 .14(476) Customer billing, repayment of

loans, and termination of service

27 .15(476) Accounting 27 .16(476) Reporting 27 .17(476) Recordkeeping 27.18(476) Co-ordination 27.19(476) Home heating suppliers 27 .20(476) State measures Appendix 1* Calculation procedures Appendix 2* Exemption petitions Appendix 3* Forms Appendix 4* Newspapers with general

circulation and trade organizations

CHAPTER 28 IOWA SUPPLEMENTAL ENERGY

CONSERVATION PLAN 28.1 (476) Purpose and coverage 28.2(476) Definitions 28.3(476) Compliance and monitoring 28.4(476) Scope of benefits 28.5(476) Program announcements 28.6(476) Requirements for program

audits 28.7(476) Qualification of program audi-

tors 28.8(476) Listing 28.9(476) Arranging installation 28.10(476) Arranging financing 28.11 (476) Post-installation inspection 28.12(476) Consumer grievance procedure 28.13(476) Customer billing, repayment of

loans, and termination of service

28.14(476) Accounting 28.15(476) Reporting 28.16(476) Recordkeeping

Ch 1. p.l Commerce[250]

CHAPTER 1 ORGANIZATION AND OPERATION

lAC 6/28/76, 12/13/78

250-1.1(17A,474) Purpose. This chapter describes the organization and operation of the Iowa state commerce commission (hereinafter referred to as the commission) including the offices where, and the means by which any interested person may obtain information and make submittals or requests.

250-1.2(17A,474) Scope of rules. Promulgated under chapters 17A and 474 of the Code of Iowa, these rules shall apply to all matters before the Iowa state commerce commission. No rule shall in any way relieve a utility, grain dealer, warehouseman or other person from any duty under the laws of this state.

250-1.3(17 A,474) Waiver. The purpose of these rules is to facilitate the transaction of business before the commission and to promote the just resolution of controversies. \.._) Consistent with this purpose, the application of any of these rules, unless otherwise provided by law, may be waived by the commission to prevent undue hardship to a party to a proceeding.

250-1.4(17 A,474) Duties of the commission. The Iowa state commerce commission regulates grain dealers; agricultural-products warehouses; electric, gas, telephone, telegraph, and water utilities; and pipelines and underground gas storage. Specific areas of regulation, as well as statutory delegation of authority for such regulation, are set forth below.

1.4(1) Public utilities. The commission regulates the rates and services of public utilities pursuant to chapter 476* of the Code of Iowa; construction and safety of electric trans­mission lines pursuant to chapter 478; and pipelines and underground gas storage pursuant to chapter 479. ~

1.4(2) Grain dealers. The commission regulates grain dealers pursuant to chapter 542 of the Code of Iowa.

1.4(3) Bonded warehouses. The commission regulates agricultural-products warehouses pursuant to chapter 543 of the Code of Iowa.

250-1.5(17 A,474) Organization. The commission consists of: The three-member commission, the office of the secretary, and the technical and administrative staff which includes:

a. The office of general administration b. The public utilities division c. The warehouse division 1.5(1) The commission. The three-member commission is responsible for all activities of ~. J

the agency. Each member of the commission is appointed by the governor, with the ..._.... approval of two-thirds of the senate, to a six-year term in office. The chairman, as the principal executive officer of the agency, is responsible for all executive and administrative functions. Appointed by the commission, the secretary is charged with the responsibility of directing the activities of the office of general administration. The secretary is the custodian of the commission seal. The secretary of the secretary's designee is responsible for attesting the signatures of the commissioners and placing the commission seal on original commission orders. The secretary or the secretary's designee is responsible for certifying official copies of commission documents.

1.5(2) The office of general administration. This office is responsible for the operational support of the commission including such functions as purchasing, public relations, personnel, supply, and other related administrative duties. In addition, this office is the principal custodian of all commission orders, decisions, rulings, and other written 1...,.,1 statements of law or policy issued by the commission and all other public documents on file with the commission. •Implementation corrected.

lAC 3/18/81 Commerce[250] Ch 28, p.l

CHAPTER 28 IOWA SUPPLEMENTAL ENERGY CONSERVATION PLAN

250-28.1(476) Purpose and coverage. 28.1(1) Purpose. This plan, known as the Iowa supplemental energy conservation plan, is

designed to provide conservation services to those consumers who would not otherwise be of­fered services under the statewide I-SAVE conservation plan lAC [250], chapter 27. The pro­visions of the plan are tailored to the needs and concerns of the small to medium sized energy supplier and reflect a balance between effective conservation services, program participation and cost recovery ability.

28.1(2) Coverage. This plan applies to all electric and gas utilities which are not covered under the I-SAVE plan and to all suppliers of fuel oil, propane and butane for home heating purposes. Participation in this plan will be on a voluntary basis.

a. A utility or home heating supplier must notify the commission in writing of its intention to participate in the plan. Energy suppliers may elect to participate at any time during the duration of the program. Any utility or home heating supplier may elect to withdraw itself from the plan at any time during the implementation of the program subject to the following provisions:

(I) A written statement from the energy supplier is submitted to the commission. This will constitute formal withdrawal and will become effective on the date specified in the notice.

(2) State that customers who have requested audits and who have requested the arranging services will continue to receive those accrued plan benefits, including conciliation.

(3) State that customers who have requested audits will be assured of receiving an audit and all requested benefits.

b. Energy suppliers which elect to participate in the Iowa conservation plan will notify their industry representative of their intentions. The following associations have been designated program co-ordinators by the ISCC:

(1) Participating rural electric cooperatives contact: Iowa Association of Rural Electric Coops 8525 Douglas Suite #48 Urbandale, Iowa 50322

(2) Participating utilities contact: Iowa Association of Municipal Utilities 520 Insurance Exchange Building Des Moines, Iowa 50309

(3) Participating fuel oil dealers contact: Iowa Independent Oil Jobbers Assn. 321 E. 6th Avenue Des Moines, Iowa 50309

(4) Participating LP gas dealers contact: Iowa LP Gas Association c/o Tuttle Gas 233 South Duff Ames, Iowa 50010

250-28.2(476) Definitions. Unless otherwise stated, the definitions contained in the I-SAVE plan, rule 27.2(476), shall apply to terms used in this chapter. Other terms used are

~ defined as follows: 1. Participating energy supplier. The term "participating energy supplier" includes par­

ticipating gas and electric utilities which are not "covered utilities" under chapter 27, and par­ticipating home heating suppliers.

Ch28, p.2 Commerce[250] lAC 3/18/81

2. Participating utility. The term ''participating utility'' shall mean an electric or gas utility which has elected to participate in the Iowa supplemental energy conservation plan. "..)

For those rules of chapter 27 which are included by reference in this plan, the term "covered utilities" shall refer to participating utilities.

250-28.3(476) Compliance and monitoring. 28.3(1) Compliance. Participating energy suppliers shall comply with the Iowa sup­

plemental energy conservation plan. 28.3(2) The commission will be responsible for ensuring that participating utilities: a. Distribute program announcements to eligible customers in accordance with provisions

outlined in rule 28.5(476). The commission shall be informed by the participating utility or program co-ordinator of the schedule for distribution of announcements.

b. Follow the calculating and auditing procedures established by the state of Iowa to pro-vide customers with accurate audit information. The accuracy of the audit information will be monitored by requiring participating utilities to submit data and calculations on a randomly \..,) selected audit. The ISCC may supplement the review with random spot checking of auditors by a state designated auditor.

c. Perform the arranging of service function in accordance with the Iowa conservation plan. This service shall be monitored by a periodic review of completed installations, con­sumer complaints, and the annual program reports.

d. Perform the post-installation inspection in accordance with plan requirements. The ISCC will periodically review jobs that have resulted in audits, arrangements of services and inspections to ensure that all program requirements are being satisfied.

e. Comply with the reporting and recordkeeping requirements established in the conserva­tion plan.

f. The participating rate regulated utilities will comply with the accounting procedures and treatment of costs as directed by the ISCC. In accordance with existing state law, the ISCC ~ may institute formal investigations of accounting and auditing procedures.

250-28.4(476) Scope of benefits. 28.4(1) Eligibility. Customers' benefits under the Iowa conservation plan will be deter­

mined by the degree of participation in the plan by the individual customer. In order to obtain any benefits, the customer must, at a minimum, utilize at least one of the following services:

a. Arrangement of installation according to the procedures contained in rule 28.9(476) ''Arranging installation''.

b. Arrangement of financing according to procedures established in rule 28.10(476) "Ar­ranging financing".

c. Purchase of a program measure from a listed supplier who verifies in writing to the customer that the measure meets applicable program material standards and is covered by the l J

program measures warranty. ~

28.4(2) Program benefits. A customer who utilizes the installation arranging service ac­cording to procedures outlined in rule 28.9(476) "Arranging installation" is entitled to the following benefits:

a. A measures warranty for each program measure installed, except caulking and weather­stripping.

b. Installation of program measures that meet all applicable RCS material and installation standards.

c. Inclusion in the pool of customers from which random post-installation inspections will be made.

d. Access to customer complaint proceedings, according to procedures in rule 27.13(476) "Consumer grievance procedures".

e. For listed suppliers, contractors, lenders, adherence to the listing requirements as out- V lined in rule 28.8(476) "Listing requirements" of the state plan.

lAC 3/18/81 Commerce[250] Ch28, p.3

28.4(3) Entitled to benefits. A customer who arranges financing through the participating energy supplier according to procedures in rule 28.10(476) "Arranging financing" in the plan, is entitled to benefits in 28.4(2)"d" and "e".

28.4(4) Program measures. A customer who purchases program measures from a listed supplier is eligible for benefits in 28.4(2}ua". ud" and ue". When requesting benefits from the participating energy supplier, or the ISCC, customers who purchase their own measures from a listed supplier must provide a copy of the supplier's document which identifies the pro­gram measures purchased.

250-28.5(476) Program announcements. 28.5(1) Distribution and approval. a. Participating utilities shall send a program announcement to each eligible customer

within six months after electing to participate in the supplemental plan. b. The program announcement shall be sent out every two years after the initial mailing un­

til January 1 , 1985. c. Each new customer, shall receive a program announcement within sixty days of becom­

ing a new customer, and every two years thereafter until January 1, 1985. d. In order to minimize the number of duplicate announcements, the participating utility

will not be required to send announcements to those customers who are eligible under the I-SAVE conservation plan for covered utilities.

e. All program announcements must be submitted for approval to the Iowa state commerce commission prior to distribution.

f. The energy audits may be offered to customers on a conditional nondiscriminate basis. All customers who receive a conditional offer of any audit must receive an unconditional offer of an audit within two years.

g. The calculation procedures for the cost and savings estimates contained in the program announcement will be approved by the Iowa state commerce commission. This will assure that all program announcements in the state will be consistent.

h. All estimates in the program announcement will be based on recent prices and ap­propriate climatological data for the state.

28.5(2) Content. The content of the program announcement shall contain the following elements, at a minimum:

a. A list of all program and state measures with an estimate of savings in energy costs, which are likely to be produced in one year, expressed in ranges of dollars or percentages;

b. A list of all energy conserving practices, a statement that they are of low or no cost, and an estimate of savings in energy costs, which are likely to be produced in one year, expressed in ranges of dollars or percentages and a statement to the effect that the total energy savings may be less than the sum of the cost savings projected for the individual measures:

c. An offer and description of the program audit; installation arrangement service; financ­ing arrangement service; and contractor, lender and supplier lists.

The description of each service shall include information on how a customer may obtain each service, the direct cost, if any, and the scope of benefits included in that service. For rate regulated utilities, the direct cost to the consumer for the program audit and related service shall not exceed $15.00.

d. Inclusion of the following disclosure or its equivalent: "Energy savings depend on many factors. The estimates contained in the announcement are based on estimates for typical houses. Your costs and savings will be different if your house is a different size or type, if your family is a different size or if your energy using habits are different from those we assumed. The energy audit which we offer will provide more specific estimates for your house.,

e. A brief explanation of the benefits of the federal and state energy credits; and f. A brief description of the benefits of the weatherization assistance program for low in­

come persons, 10 CFR Part 440, and a brief description of who is eligible for such assistance.

Ch 28, p.4 Commerce[250] lAC 3/18/81

g. No advertising for sale, installation, or financing by any supplier, contractor or lender of any energy conservation measure, renewable resource measure, state measure or energy con- \.,./ serving practice. If a participating REC or municipal utility finances the sale or installation of such measures or practices, the program announcement may so state.

h. No information ·regarding any product which is not an energy conservation measure, a renewable resource measure, state measure or any energy conservation practice may be included in the program announcement. ·

250-28.6(476) Requirements for program audits. 28.6(1) Timing and preconditions. a. Each participating utility shall provide a program audit to an eligible customer within

sixty days of an unconditional offer of an audit. b. A participating utility shall provide to each new customer, upon request, a copy of any

program audit of the customer's residence performed previously. If the eligible customer re-quests an additional audit and the previous audit had been performed within the previous two- '...~ year period, such audit will be performed at actual cost to the eligible customer.

c. Participating utilities are prohibited from preconditioning a program audit in any man­ner.

d. Participating utilities shall not discriminate unfairly among eligible customers in pro­viding program audits.

28.6(2) Content of program audit. a. General. A participating utility shall, at a minimum,. offer to provide to an eligible

customer a comprehensive program audit which addresses all energy conserving practices, energy conservation measures and renewable resource measures upon request by an eligible customer. In each program audit, the auditor shall determine which of the energy conserving practices would save energy in the residence, explain and emphasize the importance of such practices and recommend that they be performed before the installation of any measure. The \.,.,) auditor shall then determine the applicability of each program measure in that residence. If a program measure is not applicable, then the requirements of this rule to provide estimates of the cost and savings of the installation in such residence need not apply.

b. Energy conserving practices. The following are defined as energy conserving practices for the purpose of this plan:

(1) Furnace efficiency maintenance and adjustments. (2) Nighttime temperature setback. (3) Reducing winter thermostat setting. (4) Raising summer thermostat setting. (5) Water flow reduction in showers/faucets. (6) Reducing hot water temperatures. (7) Reducing energy use when a home is unoccupied. (8) Plugging leaks in attics, basements, crawl spaces, fireplaces, switch plates and wall 1..._,1

plates. (9) Sealing leaks in pipes and ducts. (10) Efficient use of shading. c. Applicability of program measures. (1) A program measure is applicable if installation is not in violation of federal, state or

local laws and ordinances and if the measure is not present in the house. (2) Specific program measures listed below are applicable if the corresponding condition is

met. Measure Applicability Criteria

Caulking and weatherstripping Existing caulking or weatherstripping is inadequate.

Ceiling insulation The difference between R existing and R program = eleven or more, and the building is not a mobile home.

lAC 3/18/81

Measure (cont'd)

Wall insulation

Floor insulation

Water heater insulation

....._.,. Duct and pipe insulation

Thermal windows

Heat-reflective and heat­absorbing window or door material

Clock thermostat

Commerce[250] Ch28, p.5

Applicability Criteria (cont'd)

There is no insulation in a substantial portion of the ex­terior walls and the building is not a mobile home.

There is no insulation in the floor over an unconditioned space.

The remaining useful life of the water heater appears to be three years or greater, and the auditor determines that conditioning of the area around the unit warrants con­sideration of the measure .

Ducts and pipes are located in an unconditioned area.

The residence does not have storm windows.

The residence has an existing room or central air conditioning

The residence has a thermostat or the existing furnace or central air conditioner is compatible with a clock ther­mostat.

Passive solar space heating and The living space of the residence has either a south-facing ~ cooling system: (i) passive ( + or - 45 o of true south) wall or an integral

solar direct or indirect gain south-facing ( + or -45 ° of true south) roof which is glazing system free of major obstruction to solar radiation.

Passive solar solaria/ sun­space systems

Passive solar window heat gain retardants

'--"' Wind energy systems

Replacement furnaces or boilers

Electrical or mechanical gas furnace ignition system

The living space of the residence has a south-facing ground level wall, which is free of major obstruction to solar radiation.

The living space of the residence has a south-facing ( + or - 45 o of true south) window that is not shaded from summer sunshine.

The lot is larger than . 75 acres, there is no major wind obstruction and the tower can be sited at least fifty feet from the property line or right-of-way for electrical transmission or distribution lines.

The furnace is five years old or older ..

Always applicable.

Oil furnace replacement burner Always applicable.

'-"' Vent opening modification

Replacement central air conditioner

The furnace combustion air is taken from a conditioned space.

The building has a central air conditioner that is five years or older.

Ch 28, p.6 Commerce[250] lAC 3/18/81

28.6(3) Cost estimates. Estimates of energy cost savings and of installation costs provided as a result of a program audit shall be performed in the following manner:

a. Actual measurements or inspections of the building shell and of the space heating, space cooling, and water heating equipment, shall be performed or verified on-site by the auditor.

b. Economic calculations shall be based on typical recent local electric rates, typical recent local fuel prices, typical recent local prices for materials and installation of program measures, and typical recent local climate data for the eligible customer's location.

c. A solar domestic hot water system's cost shall be based on the calculation procedures contained in the current HUD intermediate minimum property standards supplement, solar heating and domestic hot water systems 4930.2, 1977 edition, U.S. Department of Housing and Urban Development or equivalent procedure approved by the state.

d. Cost and savings estimates for any applicable furnace efficiency modification to a gas or oil furnace or boiler shall be based on an evaluation of the seasonal efficiency of the furnace or boiler. This seasonal efficiency shall be based on an estimated peak (tuned-up) steady state efficiency corrected for cycling losses. Steady state efficiency shall be derived either from manufacturer's design data and observation of furnace components or by calculation of the combustion efficiency of the furnace or boiler. Where visual observation by the auditor shows poor operation, calculation of combustion efficiency shall be made.

28.6(4) Procedure to assure the validity of the program audit. The state shall approve pro­cedures of a participating energy supplier governing the measurements or inspections that an auditor must make in an eligible customer's residence and the calculations which must be per­formed in making energy cost savings estimates. Approval of such procedures by the state must be obtained prior to the distribution of program announcements.

28.6(5) Results of program audit. Upon completion of a program audit, the auditor shall provide the following information on-site, in writing, to each eligible customer who receives a program audit.

a. An estimate of the total cost (materials and labor), expressed in dollars or a range of dollars of installation by a contractor of each applicable program measure addressed in the program audit.

b. An estimate of the total cost, expressed in dollars or a range of dollars, of installation by the customer of each applicable program measure, other than replacement central air condi­tioners and wall insulation, addressed in the program audit. A participating energy supplier shall not provide any estimate to any eligible customer of the cost of purchase of furnace efficiency modifications, devices associated with load management techniques, or wind energy devices for installation by the eligible customer.

c. An estimate of the savings in energy costs, expressed in dollars or a range of dollars, which would occur during the first year from installation of each applicable program measure addressed by the audit.

d. A clear indication to the eligible customers, through sample calculation or disclosure, that the total energy cost savings from the installation of more than one program measure may be less than the sum of energy cost savings of each measure installed individually.

e. The following disclosure: "The procedure used to make these estimates have been evaluated by the state for accuracy. However, the actual installation costs you incur and energy savings you realize from installing these measures may be different from the estimates contained in this audit report. Although the estimates are based on observations or measurements of your house, they are also based on assumptions which may not be totally correct for your household."

f. An estimate of the annual normal maintenance costs, if any, of each applicable program measure.

g. The possible economic benefits to the eligible customer of existing federal and state tax incentives with, at a minimum, one sample of the effect of the tax benefit on the cost to the customer of installing one applicable energy conservation program measure and one ap­plicable renewable resource program measure.

lAC 3/18/81 Commerce[250] Ch 28, p.7

28.6(6) Audits of furnaces. a. Participating energy suppliers shall co-ordinate the furnace portion of the audit to en­

sure that the most qualified person for each fuel type performs the furnace inspection. b. When determination of seasonal efficiency requires a level of training or expertise

beyond that possessed by the auditor or when co-operating home heating suppliers are not available, the furnace portions of the audit need not be addressed.

28.6(7) Audits of renewable resource measures. a. Participating energy suppliers shall at a minimum determine the applicability of

renewable resource measures and when applicable provide written materials designed to in­form the customer of the types and availability of such measures.

b. When site specific estimation of total installation costs and energy savings of applicable renewable resource measures requires a level of training or expertise beyond that possessed by the auditor, the specific cost and savings estimates need not be addressed.

c. A program audit addressing an applicable solar domestic hot water system shall include a description of the solar system assumed by the auditor in preparing energy savings estimates and shall include the following information:

(1) The square feet of the collector; (2) The collector characteristics, including glazing materials and other collector materials; (3) Any storage system needed, including the capacity of storage; (4) Any freeze protection needed; (5) The estimated percent of the water heating load to be met by solar energy; (6) Any physical connections needed with existing heating systems; (7) Any site preparation needed; and (8) If the results are based on a simulation, the following disclosure or its equivalent: "The energy cost savings estimates you receive are based on systems which may be different

from the ones you purchase. Also, these estimates were not determined using actual condi­tions but using simulated measurements. Therefore, the cost savings we have estimated may be different from the savings which actually occur."

d. A program audit addressing an applicable passive solar space heating and cooling system shall include:

(1) The generic description and a pictoral description of the particular system considered by the auditor;

(2) The estimated percent of the heating load of the residence to be met by such a system; (3) The approximate dimensions of the system; (4) The characteristics of storage, including the recommended heat capacity; and (5) The disclosure provided in 28.6(7) uc,(8). e. A program audit addressing an applicable wind energy device shall include: (1) Installation cost estimates, based on the kilowatt rating of a commercially available

wind device appropriate to the level of electricity consumed in the customer's residence; (2) Estimates of energy cost savings, based on average yearly wind speeds and the specifica­

tion of the selected wind device; (3) The auditor's best estimate of the average wind speed at the residence based on data

available at the nearest wind measurement station; and (4) The specifications of the wind device under consideration. 28.6(8) Additional information to be provided during an audit. The auditor shall present

the following information as a minimum to the customer during the audit or upon presenta­tion of the audit report:

a. An explanation of the benefits and services listed in the state plan and a brief description of how the eligible customer can qualify for such benefits and services.

b. The lists of contractors, suppliers and lenders developed pursuant to the state plan for the applicable program measures.

c. An explanation of the benefits of the weatherization assistance program for low income persons, 10 CFR Part 440, and brief description of who is eligible for such assistance.

Ch 28, p.8 Commerce[250] lAC 3/18/81

28.6(9) Prohibitions and disclosure required for program audits. The auditor shall comply with the following:

a. The auditor is prohibited from estimating, as part of any program audit provided pur­suant to this plan, the costs or energy cost savings of installing any product which is not an energy conserving practice or a program measure.

b. The auditor is prohibited from recommending any supplier, contractor or lender who supplies, installs, or finances the sale or installation of any program measure, if such recom­mendation would unfairly discriminate among such suppliers, contractors or lenders. If the energy supplier, which arranged the audit, supplies, installs or finances the sale or installation of program measures, the auditor may so state.

c. Any unfair discrimination among program measures is prohibited. d. Any recommendation regarding fuel switching is prohibited. e. Each energy auditor shall provide the eligible customer with a written statement of any

substantial interest which the person or the person's employer has, directly or indirectly, in the sale or installation of any program measure.

28.6(10) Preaudit informational questionnaire. A participating utility may request an eligible customer who has requested a program audit to submit information in the form of a questionnaire provided the questionnaire is not ·a precondition of a program audit and the questionnaire is approved by the state.

28.6(11) Class B audits. A participating energy supplier may offer Class B audits in con­junction with the conservation program provided that:

a. Class B energy audits address energy conserving practices, applicable conservation and program measures;

b. Class B energy audits explain the energy conserving practices, emphasize the importance of these practices, and recommend that they be performed before installation of any measure;

c. Class B energy audits substantially meet the requirements for program audits contained elsewhere in this plan and contain procedures to assure the validity of the audit as provided for elsewhere in this plan with respect to program audits. However, all references to measurements and inspections by the auditor shall be treated as references to measurements and inspections by the customer.

d. The Class B audit provides to the eligible customer substantially the same information required as part of a program audit described elsewhere in this plan;

e. The Class B audit provides to the eligible customer the additional information required as part of a program audit described elsewhere in this plan;

f. The Class B audit offers the lists of contractors, suppliers and lenders developed pur­suant to the plan;

g. The Class B audit contains the same prohibitions required elsewhere in this plan, except that references to the program audit shall be deemed to refer to the Class B audit and references to the auditor shall refer to the entity providing the Class B audit;

h. The participating energy supplier providing the Class B audit attempts to contact the eligible customer, by teleph<;me or otherwise, if the information sent by the customer is in­complete or internally inconsistent, in order to attempt to correct or make complete the infor­mation.

250-28. 7(476) Qualification of program auditors. 28. 7(1) General. Each person who performs a program audit pursuant to this plan shall: a. Be a certified auditor according to the applicable procedures in 28. 7(4) of the state plan

or meet minimum auditor qualification requirements applicable to the portion of the audit which the auditor conducts, and;

b. Be under contract or subcontract to, be an employee of, or be an employee of a contrac­tor or subcontractor to, a participating energy supplier.

lAC 3/18/81 Commerce[250] Ch28, p.9

28. 7(2) Minimum auditor qualification requirements. The person or persons conducting the audit shall individually or collectively have the following qualifications:

a. Complete a state-approved training course that provides the following: (1) General understanding of the three types of heat transfer and the effects of temperature

and humidity on heat transfer. (2) General understanding of residential construction terminology and components. (3) General knowledge of the operation of the heating and cooling systems used in the

residential building. (4) General knowledge of the different types of each applicable program measure; of the

advantages, disadvantages, and applications of each; and of any installation standards prescribed for the I-SAVE program, chapter 27 lAC.

(5) Capacity to conduct the audit according to the procedures described in subrule 28.6(2) including: Familiarity with energy conserving practices prescribed in the state plan; capability of determining applicable program measures, proficiency in audit procedures for each ap­plicable program measure.

(6) Where a furnace efficiency modification is an applicable program measure, and the source of fuei for the existing furnace or boiler is either gas or oil, a working ability to calculate the steady state efficiency of the furnace or boiler as required by 28.6(3) "d.,.

(7) Where a renewable resource measure, other than wind energy devices, is an applicable program measure, an understanding of the nature of solar energy and its residential applica­tions, including: Insolation, shading, heat capture and transport, heat transfer for hot water.

(8) Where a wind energy device is an applicable program measure, an understanding of the nature of wind energy and its residential applications, including: Wind availability, effects of obstructions, wind capture, power generation, interfaces with residential and utility power lines.

b. Reserved. 28.7(3) Examination. Successful completion of trainlng requirements shall be demon­

strated through written or practical examinations administered by the training organization and approved by the state.

28. 7(4) Certification. A program auditor may be certified by the state through any of the following:

a. By satisfying training and examination requirements for all portions of the program audit.

b. By satisfying the examination requirements for all portions of the program audit, if the utility's existing training procedure adequately satisfies the requirements of this rule.

c. By reciprocity with other states which have substantially similar certification re­quireme.nts upon review of the individual auditor's qualifications. The state may require suc­cessful completion of written or practical examination before granting certification by reciprocity.

250-28.8(476) Listing. See rule 27 .9(476) listing.

250-28.9(476) Arranging installation. 28.9(1) A participating utility will arrange installation of any program measure upon re­

quest by any eligible customer. 28.9(2) These arrangement services will consist of the following: a. Distribute lists of contractors and suppliers from the master record to all customers re­

questing them; b. Assist the customer in obtaining answers to questions regarding installation; c. Advise low income, elderly, and handicapped customers of existing special programs

available to meet their needs in the area of installation of program measures; and d. Provide materials and a program measure specifications sheet for those recommended

program measures as determined by the auditor. The specification sheet will serve as a bid specification stating the exact need and the applicable standards to facilitate comparative bids.

Ch 28, p.IO Commerce[250] lAC 3/18/81

When soliciting bids from listed contractors, the eligible customer must present a bid specification to the contractor, on which the contractor may make the appropriate notations. (See appendix)

28.9(3) A participating utility will provide the arrangement service within thirty days from receipt of a request for the service.

28.9(4) A participating utility when arranging installation of program measures, shall not recommend, select or provide information regarding any supplier or contractor if such recom­mendation, selection, or information would unfairly discriminate among suppliers and con­tractors of program measures. Participating utilities that supply or install program measures may so inform the customers.

28.9(5) A participating utility, when arranging installation of program measures, is pro­hibited from discriminating unfairly among eligible customers, among suppliers, among con­tractors, or among suggested measures.

28.9(6) A participating utility shall not arrange installation with any person not in the master record.

28.9(7) A participating utility shall not arrange, in conjunction with the plan, the installa­tion of any measure that is not a program measure.

250-28.10(476) Arranging financing. 28.10(1) A participating utility will arrange financing for the supply or installation of any

applicable program measure upon request by a customer. 28.10(2) These arrangement services will be as follows:; a. Distribute lists of lenders from the master record to all eligible customers requesting it; b. Assist the eligible customer in obtaining answers to questions regarding financing; c. Advise low income, elderly, and handicapped eligible customers of existing special pro­

grams available to meet their needs in the area of financing of program measures; and d. Provide a common credit application form and assist in preparation of the form when

requested. (See appendix) 28.10(3) A participating utility will provide the arranging service within thirty days from

receipt of a request for such service. 28.10(4) A participating utility, when arranging financing for the purchase or installation

of program measures, will not recommend, select or provide information regarding any lender if such recommendation, selection or information would unfairly discriminate among those that finance the purchase or installation of program measures. Participating utilities that finance program measures may so inform the customers.

28.10(5) A participating utility, when arranging financing of program measures, is pro­hibited from discriminating unfairly among eligible customers, among suppliers, among con­tractors, or among program measures.

28.10(6) A participating utility shall not arrange financing for supply or installation of program measures with any lenders not in the master record.

250-28.11(476) Post-installation inspection. 28.11(1) Inspections of randomly selected installations shall be performed within a

reasonable period of time after completion. Any of the following methods may be utilized for performance of this function:

a. Inspections by qualified energy auditors. b. Inspections by independent inspectors under contract. c. Inspections arranged between energy suppliers. d. Where existing and active, inspections by certified governmental subdivision inspectors

operating under permit-inspection statutes or ordinances. e. Certified compliance with industry approved installation standards.

IAC,.'J/18/81 Commerce[250] Ch 28, p.ll

28.11(2) Presentation of post-installation results/mandatory and random inspections. a. Within ten working days of the inspection, a certificate of inspection will be sent to: (1) The customer; (2) The installer; (3) The lead agency; and (4) The participating energy supplier. b. A "certificate of inspection" containing all required information shall be completed by

the inspector. A standard certificate shall be developed by the entity responsible for ad­ministering the post-installation inspection.

c. Any violations will be immediately reported to those entities designated in this subrule. tion.

d. The certificate of inspection will certify that the inspected measures conform to ap­plicable material and installation standards. However. the certificate of inspection does not address nor ensure against consequences of the use of materials or their installation. Such consequences remain the responsibility of the manufacturer or installer.

250-28.12(476) Consumer grievance procedures. The consumer grievance procedures outlined in rule 27 .13(476) shall be available to all eligible customers under this plan.

250-28.13(476) Customer billing, repayment of loans, and termination of service. 28.13(1) When billing a customer for costs associated with program services, a par­

ticipating energy supplier shall: a. Identify the charges and list them separately on the customer's utility bill or other

periodic bill. b. Itemize the direct charges, if any, to a customer for the program audit, arrangement of

services or post-installation inspection. c. Allow the customer to repay direct charges made by the energy supplier in the payment

to the supplier for utility or fuel service. 28.13(2) In the case of a loan made by a participating energy supplier under this plan, the

participating energy supplier shall permit a customer to include repayment of that loan in the payment of the customer's periodic utility or fuel bill over a oeriod of not less than three vears. unless the customer chooses a shorter repayment period. A participating energy supplier shall not be required to provide for monthly payments of less than five dollars.

28.13(3) A listed lending institution may require the lump sum payment of outstanding principal and interest in default by an eligible customer.

28.13(4) No penalty shall be imposed by the lender for payment of all or any portion of the outstanding loan amount prior to the date such payment would otherwise be due.

28.13(5) No participating energy supplier shall terminate or otherwise restrict utility or fuel service to any customer for default by such customer of payments due for services under this plan.

28.13(6) Alternative methods. To the extent that the participating energy supplier con­siders these procedures unduly burdensome, it may petition the ISCC for a waiver. The peti­tion shall include a description of an alternate method which the energy supplier feels is com­patible with current procedures.

250-28.14(476) Accounting. 28.14(1) General procedures. All costs and revenues directly attributable to this plan as

implemented by the Iowa state commerce commission shall be accounted for on the books and records of a utility separately from all amounts attributable to activities other than the im­plemented conservation program. The utilities may account for other conservation efforts (i.e., efforts outside those specified in the implemented program) separately but must retain the ability to segregate the costs and revenues specifically attributable to the implemented pro­gram.

Ch 28, p.l2 Commerce[250] lAC 3/1~/81

28.14(2) Uniform system of accounts. a. Utilities subject to the jurisdiction of the Federal Energy Regulatory Commission

(FERC) shall utilize the uniform system of accounts as prescribed in Title 18, CFR Parts 101, 104, 201 and 204.

b. Rural electric cooperatives shall utilize the uniform system of accounts as prescribed by the rural electrification administration (REA) in Title 7, CFR Part 1701, Appendix A.

c. Other participating utilities shall adopt accounts within their existing accounting systems with the attributes of the appropriate accounts prescribed herein.

28.14(3) Program expenses for rate regulated utilities. a. All amounts expended by a participating rate regulated utility for the implemented con­

servation programs shall be charged to the accounts specifically identified for such use by FERC or REA. If no such account is so specified, the applicable expenses shall be charged to unique subaccounts within account 908, customer assistance expenses, or its successor.

b. Appropriate records shall be maintained under this account to permit ready identifica­tion of costs that are required to support the reporting requirements specified in rule 28.15(476) "Reporting". This will, at a minimum, allow ready identification of costs at­tributable to:

(1) Program information and (2) Program audits (by type) c. Costs may include: (1) All amounts epxended by a rate regulated utility for the program announcement and all

public education and program promotion directly related to providing information about a utility's program;

(2) All amounts expended by a rate regulated utility for labor and materials in connection with the purchase or installation of any energy conservation or renewable resource measure;

(3) All amounts expended by a rate regulated utility to perform administrative and general duties directly related to the conservation program including those associated with program audits, list distribution, customer billing services, and "arranging." These administrative costs may include any costs the utility incurs if it conducts random post-installation inspec­tions required by rule 28.11 (476) "Post-installation inspection" and conciliation conferences required by rule 28.12(476) "Consumer grievance procedures"; and

.(4) All amounts expended by a utility to perform project management duties directly related to the conservation program including areas such as:

Program audits; Arranging for a lender to make a loan to an eligible customer to finance the purchase and

installation costs of energy conservation and renewable resource measures, including the costs of arranging repayment of the principal and interest of a loan as part of the periodic bill; and

Arranging to have the program measures installed. 28.14(4) Program revenues for rate regulated utilities. a. All revenues or billed income, received by a utility, attributable to the implemented con­

servation program shall be charged to the accounts specifically identified by FERC or REA. If no such account is so specified, the applicabl~ revenues shall be charged to unique subac­counts within account 456, other electric revenue (for electric utilities) or account 495, other gas revenues (for gas utilities) or their successors.

b. The revenues so collected shall support the reporting requirements specified in rule 28.15(476) "Reporting". This will, at a minimum, allow ready identification of revenues resulting from program audits and the direct sale or installation of any energy conservation or renewable resource measure covered by this program.

28.14(5) Alternative methods. To the extent that a utility considers these accounting re­quirements cause an unreasonable hardship or expense, that utility may petition the commis­sion for approval of an alternative method that accomplishes similar goals.

lAC 3/18/81 Commerce[250] Ch 28, p.13

250-28.15(476) Reporting. 28.15(1) General reporting guidelines. The purpose of reporting guidelines is to ensure

that sufficient information is collected and submitted to the commission to permit a full analysis of the conservation program. Recognizing the difficulty and expense that many small and medium sized energy suppliers face in projecting effects of specific conservation practices on system costs and patterns of energy use, the commission will utilize information provided in existing reports whenever possible. Additional information may be supplied individually by participating energy suppliers or collectively through program co-ordinators.

28.15(2) Filing information. The following information shall be filed with the commission no later than September 1, 1981, and annually thereafter:

a. The approximate number of eligible customers and, if available, the percentage of those customers for whom the energy supplier is the primary heating fuel supplier.

b. A copy of the program announcement distributed to eligible customers. c. The number of eligible customers who have requested each service and the number of re­

quests the utility has fulfilled, including the number of program audits performed; the number of installations arranged by the energy supplier; the number of loans arranged by the energy supplier, the number of customers, if any, who are using the energy supplier's billing service for repayment of loans; the number of installations, if any, of program measures which the energy supplier supplied, installed, or financed.

d. The number and results of post-installation inspections conducted according to rule 28.11(476) "Post-installation inspection".

e. The number and function of people assigned to the energy supplier's program including part-time employees.

f. The costs incurred by the energy supplier or home heating supplier in providing each ser­vice under the residential conservation service program including separately those costs paid by individual customers for services received and those costs paid by all ratepayers.

28.15(3) Information concerning other conservation programs. Information concerning other conservation programs conducted by energy suppliers eligible to participate under the plan shall be filed with the commission as part of the year end report. In addition, the commis­sion may direct a representative number of small and medium sized energy suppliers to file conservation plans which substantially meet the requirements of 27.16(2) of the I-SAVE plan.

250-28.16(476) Recordkeeping. 28.16(1) Responsibility. Energy suppliers shall be responsible for maintaining records suf­

ficient to support the reporting requirements identified above or as otherwise approved by the commission.

28.16(2) Other specific requirements. Further, the following records shall be maintained for the periods indicated. These records shall be made available to the commission or other designated personnel upon request:

a. The name and address of each eligible customer who receives a program audit, which shall be kept for five years from the date of such program audit.

b. A copy of the data collected during the audit, and a copy of the estimates of costs and savings presented to the customer, which shall be kept for five years from the date of such pro­gram audit.

c. The name and address of each eligible customer for whom a utilty arranged installation or financing of a program measure, which shall be kept for five years from the date of such ar­rangements.

d. The amount and cost of fuel purchased each month or other billing period for the twelve months prior to and the twelve months following each program audit for each eligible customer, which shall be kept two years from the data of such program audit.

Ch 28, p.14 Commerce[250] lAC 3/18/81

e. The names of individuals who have met the qualification criteria described in rule 28. 7(476). \.._,)

28.16(3) Alternative recordkeeping guidelines. To the extent that an energy supplier con­siders these recordkeeping requirements cause an unreasonable hardship or expense, that energy supplier may petition the commission for approval of an alternative method with which it can reasonably comply. The specific information to be supplied under an alternative method should be identified. As much information as possible should be provided.

[Filed 2/27/81, Notice 11 I 12/80-pu blished 3/18/81, effective 4/22/81]

\...,I

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~

lAC 7/1175 Conservationr290] Ch 33, p.1

31.10(3) Operators of vessels will, however, exercise precaution commensurate with conditions indicated.

31.10(4) This flag shall be displayed only when diver activities are in progress, and its display in a water area when no diver activities are in progress in that area will constitute a violation of this rule and of chapter 106 of the Code.

[Filed June 21, 1962; amended January 11, 1966]

CHAPTER 32 REPORTING OF BOATING ACCIDENTS

290-32.1(106) Accident report. In addition to provisions in 106. 7(2) of the Code, a written report is required in the case of loss of consciousness, disability in excess of twenty-four hours and the disappearance of any person from on board a vessel under circumstances which suggest any possibility of death or injury.

290-32.2(106) Procedure. These reports shall be filed in duplicate with the state conservation commission in writing.

290-32.3(106) Contents. The report shall include the following information: 1. The numbers or names of the vessels involved, or both. 2. The locality where the accident occurred. 3. The date and time where the accident occurred. 4. The weather and lake or river conditions at time of accident. 5. The name, address, age, and boating experience of the operator of the reporting

vessel. 6. The name and address of the operator of the other vessel involved. 7. The names and addresses of the owners of vessels or other property involved. 8. The names and addresses of any person or persons involved or killed. 9. The nature and extent of injury to any person or persons. 10. A description of damage to any property (including vessels) and estimated cost of

repairs. 11. A description of the accident (including opinions as to the causes). 12. The length, width, depth, year built, propulsion, horsepower, fuel and construction

of the reporting vessel. 13. Names and addresses and telephone numbers of known witnesses. 14. The specific number of persons on board the reporting vessel at the time of the

accident. 15. The date of birth, cause of death and swimming ability of any victim. 16. The date of birth of any injured person(s). 17. Manufacturer's hull identification number. 18. Whether the vessel was a rented craft. 19. The type, accessibility and use of personal flotation devices. 20. If fire extinguishers were used, the type and number used. 21. Signature of person making report. This rule is intended to implement section 106.7 of the Code.

[Filed September 13, 1966; amended July 27, 1973]

CHAPTER 33 DOCKS

290-33.1(111) General. The following conditions shan apply to all docks constructed under permit from the commission.

33.1(1) The duration of the permit issued pursuant to appropriate application shan not be more than ten years.

Ch 33, p.2 Conservation [290] lAC 11129/78, 3/18/81

33.1{2) A dock permit shaH not be construed to do more than give the permittee the riglit to construct a dock. The permit creates no interests, personal or real, in the real ~ estate below the ordinary high-water line.

33.1(3) The number of dock permit shall be painted on the water end of the dock in block numbers of good proportion, not less than three inches in height, and in a color contrasting to the background.

33.1(4) All docks must be removed from the waters of this state before December 15 of each year and not reconstructed until the following spring, except those exempted by special permit from the commission.

33.1(5) All new structures, if a floating facility, authorized by permit shall use flotation methods and devices of a type constructed of low density, closed cell, rigid plastic foam; high impact polyethylene fiberglass material; wood timbers; or other inert materials to provide flotation.

33.1(6) The use of any iron or steel container not fabricated originally for flotation '--1 purposes, including barrels, tanks, and other containers originally constructed for the purpose of containing fluids, powders or similar products is prohibited for new structures or for replacement of flotation devices in existing structures unless filled with low density, closed cell, rigid plastic foam.

33.1(7) Dock rights or privileges shall not be transferable. 33.1 (8) Permits for existing privately constructed docks off public property may be

cancelled by the conservation commission at any time. This rule is intended to implement section 111.4, Code 1975.

290-33.2(111) Application-content. The following information shaH be furnished, required, and stated in the application for a dock permit.

33.2(1) Name and address of applicant. 33.2(2) Location of proposed dock. \..,, 33.2(3) Name of lake or river. 1. If lake, side or general location. 2. Legal description of lot. 3. If river, side of river, north, south, east, or west. 4. Section, township, range, and county. 33.2(4) Proposed dock use-commercial, public or private. 33.2(5) Name and address of owner of land adjacent to river, or riparian property owner

on lake from which dock will be built. 33.2(6) Sketch of proposed dock with dimensions and location in relation to property

line and adjoining docks. 33.2(7) Signature of applicant and riparian owner. 33.2(8) Inspection by and written comments of the area conservation commission

of.ficer. ~

290-33.3{111) Private docks-construction. The following specifications shall apply to all private docks extending from privately owned riparian property.

33.3(1) The total length of the dock shall not be greater than dimension "d" plus fifty feet, up to a maximum of one hundred feet, where dimension "d" is the length of dock from the bank line to the point where the water is three feet deep. Permits for longer docks may be granted by the commission only upon submission by the applicant of clear proof of need therefor.

33.3(2) On "L" or "T" shaped docks, that portion of the "L" or "T" at right angles to the dock extend.ing from shore shall not. be greater. than. sixteen feet in length nor more than six feet in width. Permits for special purpose "L" or "T" docks may be granted by the commission only upon submission by the applicant of clear proof of need therefor. The \.,..,) width limitations contained in sub rule 33.3(2) shall not apply to the docks constructed ...__ · under permits issued prior to November 10, 1978.

lAC 3/18/81 Health[470] Analysis, p.11

147 .204(258A) Alternative procedure 147 .205(258A) License denial 147.206(258A) Notice of hearing 147.207(258A) Hearings open to the public 147 .208(258A) Hearings 147 .209(258A) Appeal 147.210 Reserved 147.211(258A) Publication of decisions 147 .212(258A) Suspension, revocation or

probation 147 .213(258A) Peer review committee 147.214to 147.299 Reserved.

PROCEDURESFORUSEOFCAMERASAND

RECORDING DEVICES AT OPEN MEETINGS

147 .300(28A) Conduct of persons attend­ing meetings

CHAPTER 148 Reserved

CHAPTER 149 COSMETOLOGY EXAMINERS

149.1(147) Board of examiners 149.2(147) Instructors 149.3(147) Students 149.4(147) Textbooks and charts 149.5 Reserved 149.6(147) Monthly report 149.7(147) Examination requirements 149.8(147) Requirements for license to

practice electrolysis

CHAPTER 150 SANITARY CONDITIONS FOR

BEAUTY SALONS AND SCHOOLS OF COSMETOLOGY

150.1(157) Rules posted 150.2(157) License 150.3(157) Sanitation 150.4(157) Proper quarters 150.5(157) Water 150.6(157) Personal cleanliness and free-

dom from disease 150. 7(157) Laundry and storage facilities 150.8(157) Workstands 150.9(157) Sanitation 150.10(157) Particular aspects of sanitizing 150.11(157) Pets

CHAPTER 151 COSMETOLOGY CONTINUING

EDUCATION ~ 151.1(258A)

151.2(258A) Definitions Continuing education re­

quirements

IS 1.3(2S8A) Standards for approval 151.4(2S8A) Approval for sponsors,

151 .5(2S8A) 1 51 .6(258A) 1 S 1. 7(258A) 151.8(258A) 151 . 9(258A)

programs, and activ-ities

Hearings Report of licensee Licensed instructors Attendance record report Physical or mental dis-

ability or illness IS 1.10(258A) Exemptions for inactive

practitioners 1 S 1 .11 (258A) Reinstatement of inactive

practitioners 151.12 to 151.100 Reserved

DISCIPLINARY PROCEDURE FOR

COSMETOLOGISTS

151.10 l (258A) Definitions l51.102(2S8A) Complaint l51.103(258A) Report of malpractice

claims or actions IS 1.104(258A) Investigation of com­

plaints or malpractice claims

151.105(258A) Alternative procedure 1Sl.l06(258A) License denial 151.107(258A) Notice of hearing 151.108(258A) Hearings open to the pub-

lic 151 .1 09(258A) Hearings 1 S 1.11 0(258A) Appeal 151.111(258A) Transcript 151.112(258A) Publication ofdecisions 151.113(258A) Suspension, revocation,

or probation 151.114(258A) Peer review committees 151 .115 to 151.200 Reserved

PROCEDURES FOR USE OF CAMERAS AND

I~ECOIWING DEVICES AT OPEN MEETINGS

151.201(28A) Conduct of persons at­tending meetings

CHAPTER 152 BARBER EXAMINERS

152.1 (1 58) Course of study 152.2(158) Qualifications of managers

and instructors 151.3(158) Application for licensing 152.4(147) Minimum equipment of school

of barbering 152.5(147) Miscellaneous requirements

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lAC 3/18/81

470-45.1(135) Definitions.

Health[470]

TITLES V and VI

CHAPTERS 42 to 44 Reserved

TITLE VII

NONPUBLIC WATER WELLS

CHAPTER 45* NONPUBLIC WATER WELLS

Ch 45, p.l

45.1(1) "Abandoned well" means a well whose use has been permanently discontinued. A well shall be considered abandoned when its condition is such that continued use is impractical or no longer desired.

45.1(2) ~<Administrative authority" means local boards of health or the Iowa state depart­ment of health.

45.1(3) ~<Annular space" means the open space between the well hole excavation and the well casing.

45.1(4) ~<Established grade" means the permanent point of contact of the ground to artifi­cial surface with the casing or curbing of the well.

45.1(5) ~<Grout" means a material used to seal the annular space between the casing and the bore hole and shall consist of neat cement, concrete, heavy drilling mud or heavy bentonite water slurry. Heavy drilling mud or heavy bentonite water slurry when used as grout shall be of sufficient viscosity to require a time of at least seventy seconds to discharge one quart of the material through an API (American Petroleum Institute) marsh funnel viscometer.

45.1(6) ~<Major rehabilitation or reconstruction" means replacement, extension or removal of all or a portion of the well casing.

45.1(7) uNonpublic water supply" means a water system that has fewer than fifteen ser­vice connections or serves less than twenty-five people, or one that has more than fifteen ser­vice connections or services more than twenty-five people for less than sixty days a year.

45.1(8) "Pitless adaptor" means an assembly designed for attachment to a well casing which permits below-frost discharge from the well and allows vertical access to the interior of the well for the installation or removal of the pump or its appurtenances thereby eliminating the need for frost pits.

45.1(9) ~<Polluted or contaminated" means alteration of the physical, chemical, or bio­logical quality of the water so that it is harmful or potentially injurious to the health of the user or for the intended use of the water.

45.1(10) ~<Pumps and pumping equipment" means any equipment or materials utilized or intended for use in withdrawing or obtaining water for any use, including seals and tanks, together with fittings and controls.

45.1(11) "Stuffing box" means an approved receptacle in which packing may be com­pressed to form a watertight or airtight junction between two objects.

45.1(12) "Vertical zone o.f contamination" means that depth of ~eolo~ical formation, generally near the ground surface, containing connecting pore spaces, crevices or similar open-ings, including artificial channels, such as unprotected wells, through which contaminated water may gain access to a well or to a ground water source.

45.1(13) uwelr' means any excavation that is drilled, driven, dug, bored, augered, jetted, washed or is otherwise constructed for the purpose of withdrawing water.

45.1(14) uwe/1 seal" means a device used to cap or seal a well that establishes or maintains a junction between the casing of the well and the piping, electric conduit or equipment in­stalled therein, so as to prevent water or other foreign material from entering the well at the uppermost terminal.

•Effective date of chapter 4S delayed seventy days by the administrative rules review committee. [Published 10/1/80].

Effective date of chapter 4S delayed by the administrative rules review committee forty-five days after convening of the next General

Assembly pursuant to §17A.8(9). [Published 11/26/80]

Ch45, p.2 Health[470] lAC 3/18/81

a. "Well cap., means a snug-fitting, nonwatertight device used above flood level that ex­cludes dust and vermin and allows for venting.

b. "Sanitary seal" means a watertight fitting used on wells that terminate in a frost pit or well house.

45.1(15) "Cesspool., means a covered excavation, lined or unlined, into which wastes from toilets or urinals are discharged for disposal. Cesspools are not an approved method of sewage disposal.

470-45.2(135) Applicability. The provisions contained herein apply to all non public water wells constructed after the effective date of these rules and include existing water wells under­going major rehabilitation or reconstruction. These regulations do not apply to irrigation or livestock wells unless such wells are part of or are connected to a water system which serves as a source of drinking water for humans; or through poor construction or operation such wells can allow significant contamination to enter ground water.

470-45.3(135) General. The administrative authority shall have the authority to visit well sites during any phase of the work in progress without prior notice. The administrative authority may also by rule require the issuance of permits, the posting of performance bonds. the submission of water well logs, and other data as necessary. The issuance of permits shall be co-ordinated with the withdrawal permits issued by the Iowa natural resources council.

470-45.4(135) Variances. Variances to these rules may be granted by the state department of health or local boards of health provided sufficient and proposed alternative information is afforded to substantiate the need and propriety for such action. Variances and reasoning shall be in writing and copies filed with the health engineering section, Iowa state department of health.

470-45.5(135) Location of wells. Wells shall be located with due consideration given to the lot size, contour, porosity and absorbency of the soil, local ground water conditions, and other factors necessary to implement the basic rules contained herein. The lack of specific distances to other possible sources of contamination such as refuse disposal sites, buried oil and gasoline storage tanks, etc., does not minimize their potential hazard. These must be evaluated in each particular situation and a distance arrived at that is based on pertinent facts. The administrative authority should be called upon for assistance in determining a proper distance in these cases.

45.5(1) Minimum distances. The following minimum lateral distances shall apply for the common sources of contamination listed in table 45.5(2).

lAC 3/18/81 Health[470]

45.5(2) Lateral.

Table 45.5(2) Minimum lateral distances

Sources of Contamination Lagoons or waste treatment facilities and sanitary landfills Cesspools Preparation or storage area for spray materials, commercial fertilizers or chemicals that may result in ground water con­tamination Drainage or improperly abandoned wells

Soil absorption field, pit privy or similar disposal unit Confined feeding operations Septic tank, concrete vault privy, sewer or tightly joined tile or equivalent material, sewer-connected foundation drain, or sewers under pressure

Ditches, streams or lakes

Sewer of cast iron with leaded or mechanical joints, indepen­dent clear water drains, or cisterns Pumphouse floor drain draining to ground surface (Drains must not be connected to any sewer or drainage system.)

Ch45, p.2a

Minimum Lateral Distance

1,000 feet

150 feet

150 feet 100 feet 100 feet 100 feet

SO feet

25 feet

10 feet

5 feet

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lAC 3/18/81 Health[470] Ch45,p.3

45.5(3) Relation to buildings. With respect to buildings, the well shall be located so that it will be reasonably accessible for cleaning, treatment, repair, test, inspection and other maintenance. Wells shall not be located in basements.

45.5(4) Areas subject to flooding. a. Wells shall not be located in areas subject to flooding unless the casing is grouted and ex­

tends at least one foot above the level of the highest known flood and is equipped with a well cap, or is otherwise protected as prescribed in writing by the administrative authority.

b. The ground surface immediately adjacent to the well casing shall be compacted and graded so that surface water is diverted away from the casing. Well platforms are not recom­mended other than indicated in 45. 7(1)"a" and 45.9(3)"c".

470-45.6(135) Standards for well construction, major rehabilitation or reconstruction. 45.6(1) Water used in construction. Water used in the construction process shall be ob­

tained from a source that will not result in contamination of the well. To preclude iron bacteria contamination, chlorination of the water utilized, with an initial dosage of SO mg/1 (50ppm), shall be accomplished.

45.6(2) Minimum protective depth of wells. All wells shall be watertight to such depths as is necessary to exclude pollution. Ordinarily, the top ten feet of soil will be subject to intermit­tent contamination; and, in some cases, this zone may extend to even greater depths. Under no circumstances shall water be derived from a depth of less than twenty feet unless a variance is granted in accordance with rule 45.4(135).

45.6(3) Wells located within frost pits. a. In new construction, wells are not permitted to be located within frost pits since they pre­

sent a sanitary hazard to the water supply by providing access of flood or surface waters to the well.

b. When existing wells located within frost pits undergo major rehabilitation or reconstruc­tion,

(I) The casing shall be extended as outlined in 4S.S(4)"a", a pitless adaptor installed in ac­cordance with 45.8(4), the curbing of the pit removed at least two feet below the ground sur­face, the area of the pit filled with a clean backfill, tamped, and the area graded in accordance with 45.5(4)"b".

(2) The well casing shall be provided with a sanitary seal. 45.6(4) Frost pits located adjacent to wells. Frost pits that do not contain wells within are

permitted for the purpose of housing pressure tanks, valves, etc., provided they are not located closer than ten feet from any well. The walls of the frost pit are to be constructed of six-inch poured concrete, four-inch reinforced concrete, two-inch special concrete mix, vibrated and reinforced or eight-inch concrete blocks.

The junction of the walls and the water lines, electrical conduits and roof, etc., shall be watertight.

The roof of the frost pit shall be constructed of watertight four-inch minimum reinforced concrete, and any opening shall be provided with a raised curbing extending at least four inches higher than established grade. A substantial watertight, overhanging, tight-fitting type cover shall be provided.

An independent floor drain, discharging to ground surface and fitted with a brass, bronze or copper 16-mesh screen, to prohibit the entrance of pests, should be provided.

Ch45, p.4 Health[470] lAC 3/18/81

45.6(5) Equipment located within the well casing. In new construction, no equipment shall be located within the well casing except submersible pumps, pump jets, drop pipes, air lines, and the necessary wiring and switches to operate the pumping equipment. When existing wells undergo major rehabilitation or reconstruction, auxiliary equipment shall be removed from within the casing and be properly relocated to areas such as a pump house, basement, or frost pit as outlined in subrule 45.6(4).

45.6(6) Well seals. The uppermost terminal of all wells shall extend not less than twelve inches above established grade and shall be equipped with an appropriate well cap or sanitary seal. When pump wiring or drop pipes extend through the seal, they shall be equipped with properly fitting grommets to further exclude vermin or other sources of contamination.

45.6(7) Buried well seals. Buried well seals, where the casing terminates below ground sur­face, are not permitted on new construction. Existing installations, upon major reconstruc­tion, rehabilitation or pump replacement, shall have the casing ex~ended and the area graded as provided for in subrule45.5(4)ub".

45.6(8) Vents. Vents shall be constructed so as to exclude dust, birds, animals and insects, and shall terminate in an inverted U construction, the opening of which is at least twel~e inches above ground surface and is covered with a brass, bronze, or copper 16-mesh screen.

45.6(9) Plumbness and alignment. Casings, after installation, shall be sufficiently plumb and straight so as not to interfere with th: installation and operation of the pump.

470-45. 7(135) Types of well construction. 45. 7(1) Drilled wells. Drilled wells are constructed in consolidated or unconsolidated for­

mations and may penetrate more than one water-bearing formation. Good construction and development practices require the placement of grout in the annular space to prevent surface water from entering the formation and to prevent highly mineralized or polluted water from mingling with higher quality water. To facilitate the placement of this seal or grout, the diam­eter of the drill hole, for at least the uppermost twenty feet, shall be a minimum of five inches greater than the outside diameter of the casing. Casing shall then be grouted as provided for in sub rule 45 .8(3).

a. Drilled wells in unconsolidated formations. In no case shall less than twenty feet of per­manent casing be installed in wells drilled in unconsolidated formations. If caving is experi­enced and a liner pipe is to be left in place, the annular space between the permanent casing and the liner pipe shall be grouted in accordance with subrule 45.8(3) for its entire length. If grouting in accordance with subrule 45.8(3) is not possible, a monolithic, reinforced, concrete platform, of sufficient thickness and depth to prevent cracking due to frost heave, which slopes away from the well, shall be installed at ground surface for a distance of not less than three feet in all directions from the casing.

b. Drilled wells in consolidated formation. Limestones and dolomites which are cracked, creviced, etc., should be viewed with suspicion as a source of ground water supply if they are the uppermost bedrock formation and have a thin mantle of overburden. As the depth of overburden decreases, there is an increased risk of contamination entering the formation.

(1) Earth mantle more than thirty feet in thickness. Where these geological conditions exist, the casing shall be firmly seated into firm rock, and the annular space around the casing through the earth mantle shall be grouted in accordance with subrule 45.8(3).

(2) Earth mantle less than thirty feet in thickness. In instances where the earth mantle is less than thirty feet in thickness, the well casing shall extend to a depth of at least forty feet and be seated in firm rock, and the annular space grouted in accordance with subrule 45.8(3).

(3) Rock below creviced formations. When the uppermost bedrock consists of creviced limestone or dolomite and the well is to obtain water from a lower formation, the casing shall be extended through the creviced formation and be seated in firm rock. In instances where shale underlies creviced limestone or dolomite formations, the casing shall extend through the shale and be seated in firm rock. The annular space shall be grouted in accordance with subrule 45.8(3).

IAC6/ll/80 Health£470] Ch45, p.5

45.7(2) Bored or ougered wells. Bored or augered wells shall be constructed with a water­tight casing in a borehole that is at least six inches greater than the outside diameter of the cas­ing. This annular space shall be grouted in accordance with subrule 45.8(3). Concrete pipe, vitrified pipe and similar precast curbing have construction joints and cannot be depended upon to be watertight and therefore shall not be used as casing in the uppermost ten feet of the well unless they are properly grouted. In no case shall less than twenty feet of casing be installed. When these materials are used for casing or when existing dug or bored wells undergo major rehabilitation or reconstruction, they shall be constructed as follows:

a. Buried slab-type construction. (1) The concrete or vitrified pipe casing shall be terminated not less than ten feet below

ground surface. (2) The casing shall be fitted with a reinforced concrete or steel plate into which a water­

tight steel or thermoplastic casing is firmly imbedded or connected to a pipe cast or welded into the plate. This casing shall be at least six inches in diameter and shall extend from the plate to not less than twelve inches above established grade.

(3) A 12-inch concrete seal shall be poured over and around the plate. (4) After the concrete seal has set, the annular space between the steel or thermoplastic cas­

ing and the borehole shall be backfilled with clean soil. (5) During the backfilling process, the earth shall be thoroughly tamped to minimize set­

tling. Grading around the well shall then be accomplished in accordance with 45.5(4)"b". b. Or bored wells with extended casings of concrete, vitrified pipe, etc. (only allowed if

written authority is provided by administrative authority). (1) This type of casing shall be terminated not less than twelve inches above finished grade. (2) Since this type of casing has construction joints, the borehole shall be not less than six

inches greater than the outside diameter of the casing to a depth of not less than ten feet, and the annular space shall be grouted with cement or concrete in accordance with subrule 45.8(3).

(3) A watertight, four-inch reinforced, concrete well cap shall be provided. c. The use of pitless adaptors is recommended even in this type of construction. The pitless

adaptor or other transition piping designed to extend through the casing shall be installed prior to grouting in order that the grout can provide a watertight seal. The use of a frost pit that is not located over the casing as outlined in 45.6(3)"b" or a pumphouse as outlined in rule 45.8(135) may be used to house the pressure tank, valves, etc.

(1) Flowing artesian wells. Drilling operations shall extend into but not through the forma-tion confining the water. The casing shall then be installed and the annular space grouted and allowed to set. After setting, the drill hole shall then be extended into the confining formation. Flow control from the well shall be provided by valved pipe connections or a receiving tank set at an altitude corresponding to that of the artesian head. Under no circumstances shall the water flow uncontrolled to waste. A direct connection between the discharge pipe and a receiv­ing tank, sewer, or other source of contamination is prohibited.

(2) Driven sandpoint wells. Through the vertical zone of contamination to a depth of not less than that indicated in subrule 45.6(2), the unperforated, watertight. pipe of a driven well shall conform to the specifications as indicated in Table 45.8(l)"o"(4). Protection against freezing shall be accomplished by requiring that a pitless adaptor as outlined in subrule 45.8(4) or a frost pit as outlined in subrule 45.6(4) is properly installed. Under no circumstances shall thermoplastic well casing be driven.

(3) Springs. While springs are utilized as a water source in isolated instances, the quality of the water obtained therefrom varies greatly since they are merely a breakout of ground water and are subject to intermittent contamination. Information regarding the utilizatioil of springs as a source of water should be sought from the administrative authority prior to its develop­ment.

Ch45, p.6 Health[470] lAC 3/18/81

470-45.8(135) Material standards. All materials utilized in well water construction shall conform to the standards of the American Water Works Association (A WW A), the American Petroleum Institute (API), the American Society for Testing and Materials (ASTM), and the National Water Well Association (NWW A) except as modified by these standards.

45.8(1) Water well casing. a. Steel or iron water well casing and couplings. (1) Each length of casing shall be legibly marked in accordance with API or ASTM marking

specifications showin_g the manufacturer's or processor's name or trademark. size in inches. weight in pounds per foot, whether seamless or welded (type of weld), and the API or ASTM specification or trade monogram.

(2) Pipe used as casing in the permanent construction of a well shall be new pipe produced to recognized standards of the API or ASTM, or other grade weldable new pipe having a quality equal to or greater than those specified. All diameter steel shall have minimum weights and thickness as specified in Table45.8(lr'a"(4).

(3) All casing pipe joints shall be watertight welded construction or threaded couplings.

Table 45.8(1)"a"(4) Minimum

casing pipe and coupling weights and dimensions

Wgt. Lbs. firu: ~ &!:D.

Size Threads Thickness Threads External Length in & Plain in ~-~ Per Diameter in

Inches Coupling End Inches External Internal Inch Inches Inches

1 1.70 1.68 .133 1.315 1.049 11-1/2 1.576 2-5/8 1-1/4 2.30 2.27 .146 1.660 1.380 11-1/2 1.900 2-3/4 1-1/2 2.75 2.72 .145 1.900 1.610 11-1/2 2.200 2-3/4 2 3.75 3.65 .154 2.375 2.067 11-1/2 2.750 2-7/8 2-1/2 5.90 5.79 .203 2.875 2.469 8 3.250 2-15/16 3 7.70 7.58 .216 3.500 3.068 8 4.000 4-1/16 3-1/2 9.25 9.11 .226 4.000 3.548 8 4.625 4-3/16 4 11.00 10.79 .237 4.500 4.026 8 5.200 4-5/16 5 15.00 14.62 .258 5.563 5.047 8 6.296 4-1/2 6 19.45 18.97 .280 6.625 6.065 8 7.390 4- 11/16 6-5/8 OD 20.00 19.49 .288 6.625 6.049 8R 7.390 7-1/4 7 20.00 19.S4 .272 7.000 6.366 SR 7.657 7-1/4 8 25.55 24.70 .277 8.625 8.071 8 9.625 5-1/16

10 35.75 34.25 .307 10.750 10.136 8 11.750 5-9/16 12 45.45 43.77 .330 12.750 12.090 8 14.000 5- 15/16 14 00 57.00 54.57 .375 14.000 13.250 8 15.000 6-3/8 16 OD 65.30 62.58 .375 16.000 15.250 8 17.000 6-3/4 18 OD 73.00 70.59 .375 18.000 17.250 8 19.000 7-1/8 20 01> 81.00 73.60 .375 20.000 19.250 8 21.000 7-5/8

R = Round Threads b. Thermo plastic water well casings and couplings. Only those water well casings and

couplings complying with ANSI ASTM F-480-76 will be considered as conforming to these regulations. Under no circumstances shall thermo-plastic water well casing be driven.

45.8(2) Grouting guides. Protective casing that is to be grouted shall have sufficient guides attached to the casing so as to permit the unobstructed flow and deposition of grout.

45.8(3) Grouting. Materials and procedures for grouting shall be as follows: a. Concrete grout. The mixture shall consist of cement, sand and water, in the proportion

of one bag cement (94lbs.) and an equal volume of sand to not more than six gallons of clean water. Concrete grout shall be used only on bored or augered wells as noted in subrule 45. 7(2).

b. Neat cement grout. The mixture shall consist of one bag of cement (94lbs.) to not more than six gallons of clean water. Additives such as bentonite, "aquajel", or similar materials, may be added up to five percent by weight to increase fluidity and to control shrinkage.

lAC 3/18/81 Health[470] Ch45, p.7

c. Heavy drilling fluid. When this material is used as grout in a rotary drilled well, it shall contain a high percentage of clay or bentonite to minimize shrinkage of the slurry within the annular space. Heavy bentonite water slurry is a mixture of ten percent by weight of bentonite added to clean water or approximately five percent bentonite added to drilling mud. Bentonite shall contain eighty-five percent of the mineral montmorillonite and shall meet API Standard 13A, March 1966. Saline, acid or alkaline substances or other additives to cause a temporary increase in viscosity of the bentonite slurry are not permitted as a component of grouting material.

d. Application. Grouting shall be performed by adding the mixture from the bottom of the annular space upward in one continuous operation until the annular space is filled or to the point of the pitless adaptor attachment. The only exception to this method of application is in situations such as the construction of bored or augered wells where the annular space is six inches or greater to depths of not more than twenty feet. In this situation, the grout may be applied from the surface providing care is taken to ensure an even flow to all sides of the casing for the entire pour, which shall be continuous until the annular space is completely grouted.

45.8(4) Pitless adaptor units. Pitless adaptor units conforming to Pitless Adaptor Stan­dard No. 1 (PAS-I) as promulgated by the water systems council are considered as complying with these regulations. This standard is available for inspection at the Des Moines office of the state department of health or may be obtained for personal use from the Pitless Adaptor Divi­sion, Water Systems Council, 212 North La Salle Street, Chicago, Illinois 60601.

470-45.9(135) Pump installation. 45.9(1) Pump house appurtenances. When pump houses are utilized, they shall be con­

structed above established grade permitting access to the well and pump for maintenance and repair. The pump room shall be provided with an independent floor drain that discharges to ground surface. The outside opening of this drain line shall be fitted with a brass, bronze or copper 16-mesh screen to exclude the entrance of pests.

45.9(2) Pump house floors. The top of the well casing shall terminate at least twelve inches above the pump house floor. The pump house floor shall be constructed of concrete that is not less than four inches in thickness and is sloped away from the casing. A watertight seal of asphalt or similar material, to provide resiliency, shall be provided between the casing and the pump house floor.

45.9(3) Pumps and pumping equipment. All pumps shall be designed, installed and main­tained so that priming is not required for ordinary use. Pumps that have unprotected openings into the interior of the pump or casing shall not be used.

a. Submersible pumps. Submersible pump discharge lines shall leave the well through a properly installed pitless adaptor or through a sanitary seal.

b. Other power pumps. Other power pumps located over the well shall be mechanically joined to the casing or on a pump foundation or stand in such a manner as to effectively seal the top of the well. A sanitary seal shall be used where the pump is not located over the well, and the pump delivery or suction pipe emerges from the top thereof. If these units are located in a basement, all suction lines shall be elevated at least twelve inches above the floor and shall be encased in a protective galvanized steel pipe.

c. Hand pumps or similar devices. Pumps of this type shall be fitted with a gasket and bolted securely to the platform to provide a watertight seal, have a closed spout, directed downward, and a pump rod that operates through a stuffing box.

470-45.10(135) Well disinfection. All new, repaired or reconditioned wells or pump instal­lations shall be thoroughly pumped to waste until all dirt and foreign materials are removed and the water is reasonably clear. Superchlorination, with calcium or sodium hypochlorite compounds with a concentration of at least 100 parts per million (ppm), shall then be ac­complished simultaneously throughout the water well distribution system by the contractor.

Ch45, p.8 Health[470] lAC 3/18/81

470-45.11(135) Water analysis. The contractor or owner of new, repaired or reconditioned well or pump installations, upon being properly disinfected as outlined in rule 45.10(135), shall submit a water specimen to the university hygienic laboratory at Iowa City (previously known as the state hygienic laboratory) or to another approved laboratory for bacterial and nitrate analysis. Information regarding the procurement of water specimen, bottles, fees, etc., can be obtained from local boards of health, the state department of health or the university hygienic laboratory. 470-45. 12(135) Hydropneumatic (pressure) tanks, filters, and miscellaneous water treat­ment equipment. Properly sized tanks, filters, and other treatment equipment shall be install­ed in accordance with the manufacturer's directions and shall maintain a pressure of fifteen pounds at highest point usage under normal demand. Where applicable. A WW A Standards for Steel Tanks, Standpipes, Reservoirs, and Elevated Tanks Storage (D100-59) shall be followed.

470-45.13(135) Abandonment of wells. Abandoned wells are a hazard to the water-bearing formation as well as to the physical well-being of people. In addition to providing easy access to pollution entering formations supplying water to other wells in the vicinity, numerous cases of injury and death have resulted from persons or animals falling into unprotected, improp­erly abandoned wells.

Wells no longer used shall be properly abandoned as outlined in Public Information Circu­lar No. 11 entitled "Plugging Procedures for Domestic Wells" as provided by the Iowa geo­logical survey. A copy of this Qircular is available for inspection at the Des Moines office of the state department of health. Personal copies may be obtained from the Iowa Geological Survey, 123 North Capitol Street, Iowa City, Iowa 52242.

Under no circumstances shall abandoned wells be used for the disposal of garbage, septic tank sludge or effluents, as a receptacle for field tile drainage, or for any other type of unau­thorized disposal of waste materials.

These rules are intended to implement section 135.11(1) and 135.11(15), The Code. [Filed 5/20/80, Notice 11/14/79-published 6/11/80, effective 10/1/80*]

[Filed emergency 2/20/81 after Notice of 12/24/80-published 3/18/81, effective 2/28/81]

TITLE VIII

Reserved CHAPTERS 46 to 50

Reserved

TITLE IX HOSPITALS AND RELATED INSTITUTIONS

CHAPTER 51 HOSPITALS

470-51.1(135B) Deftnltfons. 51.1(1) Hospital. A hospital shall mean a place which is devoted primarily to the

maintenance and operation of facilities for the diagnosis, treatment or care over a period of exceeding twenty-four hours of two or more nonrelated individuals suffering from illness, injury or deformity, or a place which is devoted primarily to the rendering over a period exceeding twenty-four hours of obstetrical or other medical or nursing care for two or more nonrelated individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding twenty-four hours of two or more nonrelated aged or infirm persons requiring or receiving chronic or convalescent care and shall include sanatoriums, rest homes, nursing homes, boarding homes or other related institutions within the meaning of this Act: . Provided, however, nothing in this Act shall apply to hotels or other similar places that furnish only food and lodging or either to their guests. "Hospital" shall include, in any

•Effective date of chapter 4S delayed seventy days by the administrative rules review committee. [Published 10/1/80].

Effective date of chapter 4S delayed by the administrative rules review committee forty-five days after convening of the next General

Assembly pursuant to §17A.8(9). [Published 11/26/80)

lAC 3/18/81 Health[470] Ch 135, p.6

b. Present a photostatic copy of the degree doctor of medicine and surgery or osteopathic medicine and surgery or its equivalent issued to the applicant by a school or college of medicine and surgery or osteopathic medicine and surgery approved by the board.

(1) The list of approved schools or colleges of medicine approved and published December 1978, by the American Medical Association and the list of colleges of osteopathic medicine and surgery, approved in December, 1978, by the American Osteopathic Associa­tion are accepted. However, such acceptance shall not apply to a diploma granted by an approved school or college of medicine and surgery or osteopathic medicine and surgery if the applicant did not complete his or her academic training at said approved college.

(2) The board may accept in lieu of a diploma from a medical college approved by it, all of the following:

1. A diploma issued by a medical college which has been neither approved or dis­approved by the board; and

2. The completion of one year of training as a resident physician which training has either been approved by or is acceptable to the board; and

3. The standard certificate issued by the Educational Council for Foreign Medical Graduates or the completion of a fifth pathway program in accordance with criteria estab­lished by the American Medical Association.

135.101(2) Applicant shall present a photostatic copy of a certificate indicating the completion of one year of internship or residency training in a hospital approved by the board. The lists of hospitals approved for intern and resident training in the United States and Canada, accredited by the Liaison Committee on Graduate Medical Education, pub­lished by the American Medical Association, in 1978, and the Committee on Hospitals of the American Osteopathic Association, published in July, 1978, and the Royal College of Physicians and Surgeons of Canada published July 1, 1974, are accepted by the board.

135.101(3) Applicant must satisfactorily pass a state or national board examination and present a photostatic copy of a state license or national board certificate obtained by applicant as a result of such examination.

135.101(4) Each applicant must include a record of the number and date each license was issued, the manner in which such license or licenses were obtained, and a statement as to whether or not any license so issued has ever been suspended or revoked.

135.101(5) Each application shall include a chronologie statement as to all the places where the candidate has practiced, type of practice engaged in and the period of time so engaged.

135.101(6) Any candidate applying for licensure shall be required to appear for a personal interview before the board or before a member thereof, unless waived by the board.

470-135.102(147 ,148,150A) Rules for conducting examinations. 135.102(1) The application accompanied by a fee of one hundred fifty dollars must be on

file at least sixty days prior to the date of the examination. · 135.102(2) The board may require written, oral and practical examinations of any ap­

plicant, but ordinarily applicants who pass the written examination will be excused from oral or practical examinations.

135.102(3) The board has adopted and is administering the federation licensing examination (FLEX). Flex examinations are ordinarily held in June and December of each year. Applications for the June examination must be filed by April 1 and applications for the December examination must be filed by October 1.

135.102(4) The flex examination is a three-day examination and the candidate must successfully pass the entire examination with a flex weighted average of seventy-five percent or better, in one sitting. Any candidate who fails in his/her examination shall be entitled to take a second examination without further fee or application at any time within fourteen months after the first examination. The candidate shall be required to repeat the entire examination in his/her second examination.

Ch 135, p.7 Health[470] lAC 3/18/81

135.102(5) A senior student expecting to graduate from an approved college of medicine and surgery or college of osteopathic medicine and surgery may be admitted to the exam­ination upon presentation of a statement from the dean of his/her college certifying the student's good standing relative to the completion of medical education, but a license will not be granted until the student has furnished proof of graduation and satisfactory comple­tion of one year of internship or resident training.

135.102(6) · No candidate shall under any circumstance enter the examinations more than thirty minutes late unless excused by the board or member thereof, and no candidate shall leave the room within thirty minutes after distribution of the examination papers. All time lost by being absent shall be included in the time allotted to the examination of that particular subject.

135.102(7) Candidates will not be permitted to communicate with each other during examination, or to have in their possession help of any kind. Any applicant who violates this requirement will be dismissed and deemed to have failed the entire examination.

135.102(8) The federation licensing examination shall be administered in accordance with the "Chief Proctor's Manual" prepared by the Federation of State Medical Boards of the United States, Inc., with the co-operation of the National Board of Medical Examiners.

470-135.103(147 ,148,150,150A) Licensure by reciprocity or endorsement. 135.103(1) Each applicant shall submit a completed application form accompanied by a

fee of one hundred fifty dollars. 135.103(2) A license to practice medicine and surgery, osteopathic medicine and surgery

or osteopathy by reciprocity or by endorsement may be issued on the basis of a written examination in substantially all of the subjects required by this board given by a state examining board having reciprocal or endorsement relations with the board, provided, however, that the applicant must comply with all other requirements for licensure by exam­ination in this state.

135.103(3) If any state with which this state has reciprocal or endorsement relations, places any limitations or restrictions upon licentiates of this state, the same limitations or restrictions may be imposed upon licentiates of such state applying for admission to practice in this state on the basis of reciprocity or endorsement.

135.103(4) The statement made in the application must be reviewed and verified by the state examining board issuing the original license, certifying under seal as to the subjects in which the applicant was examined, the grade obtained in each subject and the general average or flex weighted average attained in the entire examination.

135.103(5) In all cases the board reserves the right to review the examination papers and grades upon which reciprocal or endorsement certification may be granted before accepting the same.

135.103(6) No reciprocal license or license by endorsement shall be issued except ou the basis of a license received by examination, and the applicant must have completed at least one year of intern or resident training approved or accepted by the medical examiners. However, foreign graduates must complete two years of such training.

135.103(7) A candidate who has not passed a medical examination in another state in one sitting shall not be eligible for licensure by endorsement in this state.

135.103(8) The medical examiners may require written, oral or a practical examination of any applicant for licensure by reciprocity or endorsement.

470-135.104(147 ,148,150A) License by endorsement of national board certificate. 135.104(1) The rules listed under the title "Licensure by Reciprocity Agreement or

Endorsement" shall apply to all candidates for licensure by endorsement of national board credentials.

135.104(2) The certificate of examination issued by the National Board of Medical Examiners or by the National Board of Osteopathic Examiners of the United States of America may be accepted in lieu of the examination required for licensure in Iowa.

lAC 3/18/81 Health[470J Ch 135, p.B

470-135.105(148) License to practice as a resident physician. 135.105(1) The license shall be designated "Resident Physician License,. and shall

authorize the licensee to serve as a resident physician only, under the supervision of a licensed practitioner of medicine and surgery or osteopathic medicine and surgery, in an institution approved for this purpose by the board. Such license shall expire on the thirtieth day of June following the date of issuance and may be annually renewed at the discretion of the medical examiners at a fee of ten dollars.

135.105(2) Each applicant shall: a. Submit a completed application form accompanied by a fee of fifty dollars. b. Present a photostatic copy of a diploma issued by a school or college of medicine and

surgery or a school or college of osteopathic medicine and surgery approved by the board, or present other evidence of equivalent medical education approved by the board. The board may accept in lieu of a diploma from a school or college of medicine approved by it, all of the following:

(1) A diploma issued by a school or college of medicine which has been neither approved or disapproved by the board.

(2) The standard certificate issued by the Educational Council for Foreign Medical Graduates, Incorporated or the completion of a fifth pathway program in accordance with criteria established by the American Medical Association.

135.105(3) Candidates may be required to satisfactorily complete an examination pre­scribed by the medical examiners.

tl. The board may require written, oral or practical examination. h. In any case, the board may require the candidate to appear for a personal interview

before the board or a member thereof. c. Grades received in a state licensure or national board examination may be accepted in

lieu of a written examination conducted by the board, in which instance: (l) The applicant shall present a phototstatic copy of an original certificate of license

or national board certificate obtained as a result of such examination. (2) The statements made on the application must be reviewed and verified by the exam­

ining board issuing the original certificate, who will also certify under seal, as to the grades given thereon and the general average attained.

470-135.106(148) Temporary Ucensure. 135.106(1) The board may, in its discretion, issue a temporary license authorizing the

licensee to practice medicine and surgery whenever, in the opinion of the board, a need exists therefor and the person possesses the qualifications prescribed by the board for such license, which shall be substantially equivalent to those required under chapter 148 or chapter 1SOA as the case may be. A temporary license shall be issued for one year and, at the discretion of the board may be annually renewed, not to exceed two additional years, at a fee of one hundred fifty dollars per year.

135.106(2) Each applicant shall: a. Submit a completed application form accompanied by a fee of one hundred fifty dollars. b. Present a photostatic copy of a diploma issued by a school or college of medicine

and surgery or osteopathic medicine and surgery approved by the board. The board may accept, in lieu of a diploma from a medical college approved by it all of the follow­ing:

(1) A diploma issued by a medical college which has been neither approved nor dis­approved by the board; and

(2) The completion of one year of training as a resident physician, which training has been approved by or is acceptable to the board; and

(3) The recommendation of the Educational Council for Foreign Medical Graduates, In­corporated or similar accrediting agency.

(4) The board may waive the provisions of paragraph "b:'(l), "b,.(2) and "h"(J) .. for a foreign physician, here for teaching purposes only, who is properly admitted under a visa of

Ch 135, p.9 Health[470] lAC 3/18/81

the ·State Department of the United States. ~ (5) Furnish an affidavit from a licensed physician, superintendent of an institution or .

dean of an approved college of medicine and surgery or osteopathic medicine and surgery in this state setting forth facts supporting the need that exists for the issuance of said license.

135.106(3) Candidates may be required to satisfactorily complete an examination prescribed by the medical examiners.

a. The medical examiners may require written, oral or practical examinations. h. In any case, the medical examiners may require the candidate to appear for a personal

interview before the board or a member thereof. c. Grades received in a license examination before the duly constituted authority of

another state, territory, foreign country or before the national board of medical examiners or national board of osteopathic examiners may be accepted in lieu of a written examina­tion conducted by the medical examiners, in which instance:

(1) The applicant must furnish a photostatic copy of his national board certificate or an \..,./ original certificate of license obtained as a result of such examination.

(2) The statements made in the application must be reviewed and verified by the exam­ining board issuing the original certificate, who will also certify, under seal, as to the schedule of subjects in which the applicant was examined, the grades given thereon and the general average attained.

470-135.107(147) License renewal date. A license to practice medicine and surgery, osteopathic medicine and surgery, or osteopathy shall expire on the thirtieth of June following the date of issuance of the license.

470-135.108(147) License-examination-renewal fees. The following fees shall be collected by the board.

135.108(1) For a license to practice medicine and surgery or osteopathic medicine and "-'! surgery issued upon the basis of examination given by the medical examiners, one hundred fif­tydollars.

135.108(2) For a license to practice medicine and surgery or osteopathic medicine and surgery or osteopathy issued by endorsement or under a reciprocal agreement, or the issuance of a special license, one hundred fifty dollars.

135.108(3) For a renewal fee of a license to practice medicine and surgery, osteopathic medicine and surgery or osteopathy, or a special license, forty dollars.

135.108(4) For a certified statement that a licensee is licensed in this state, ten dollars. 135.108(5) For a duplicate license, which shall be so designated on its face, upon satis­

factory proof the original license issued by the department of health has been destroyed or lost, ten dollars.

135.108(6) For license to practice as a resident physician, fifty dollars. '\...,) 135.108(7) For the renewal of a license to practice as a resident physician, ten dollars. 135.108(8) For a temporary license, one hundred fifty dollars. 135.108(9) For the renewal of a temporary license, one hundred fifty dollars. Rules 135.101(147,148,150A) to 135.108(147) are intended to implement sections 147.10,

147.29, 147.36, 147.47, 147.49, 147.53, 147.76, 147.80, 147.102, 148.3, 148.4, 148.5, 148.10, 1SOA.7 of the Code.

470-135.109(17 A) Specified forms to be used. All applications for examinations, certifi­cates and licenses shall be on forms prescribed by the board. These forms may include, but not be limited to, the following, and where practicable, any one or more of the following forms may be consolidated into a single form.

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lAC 2/21/79 Healthl4701 Ch 135, p.26

470-135.508(258A) Exemptions for inactive practitioners. A licensee who is not engaged in practice in 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 medicine and surgery, osteopathy and osteopathic medicine and surgery 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.

470-135.509(258A) 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 medicine and surgery, osteopathy and osteopathic medicine and surgery in the state of Iowa satisfy the following requirements for reinstatement:

135.509(1) Submit written application for reinstatement to the board upon forms provided by the board; and

135.509(2) Furnish in the application evidence of one of the following: ct. The practice of medicine and surgery, osteopathy and osteopathic medicine and sur­

gery in another state of the United States, District of Columbia, territory or foreign country 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

b. Completion of a total number of hours of accredited continuing education computed by multiplying twenty 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.

470-135.510(258A) Exemptions for active practitioners. A physician licensed to practice medicine and surgery, osteopathy and osteopathic medicine and surgery shall be deemed to have complied with the continuing education requirements of this state during period that the licensee serves honorably on active duty in the military services, or for periods that the licensee is a resident of another state or district having a continuing education requirement for the profession and meets all requirements of that state or district for practice therein, or for periods that the licensee is a government employee working in his or her licensed specialty and assigned to duty outside of the United States, or for other periods of active practice and absence from the state approved by the board.

470-135.511(258A) Physical disabillty or illness. The board may, in individual cases involving physical disability or illness, grant waivers of the minimum education requirements or extensions of time within which to fulfiii the same or make the required reports. No waiver or extension of time shall be granted unless written application therefor shall be made on forms provided by the board and signed by the licensee and his or her attending physician. Waiver of the minimum educational requirements may be granted by the board for any period of time not to exceed one calendar year. In the event that the physical disability or illness upon which a waiver has been granted continues beyond the period of waiver, the licensee must 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 of all of the minimum educational requirements waived by such methods as may be prescribed by the board.

470-135.512(258A) Noncompliance. A licensee who in the opinion of the board does not satisfy the requirements for license renewal stated in this chapter will be placed on proba­tionary status and· notified of the fact within thirty days after the renewal date. Within ninety days after such notification, the licensee must submit evidence to the board demon­strating that the deficiencies have been satisfied. If the deficiencies are not made up within

C'h 135. p.27 Health14701 lAC 3/18/81

the specified period of time, the licensee's license will be classified as lapsed without further hearing.

These rules are intended to implement chapters 17A and 258A, The Code. !Filed November 20, 1951; amended May 13, 1964]

!Filed 2/5/79, Notice 11/29/78-published 2/21/79. effective 3/29/791 [Filed without Notice 2/14/80-published 3/5/80, effective 4/9/80)

[Filed 10/10/80, Notice 8/20/80-published 10/29/80, effective 12/3/80) [Filed 2/27/81, Notice 1/7 /81-published 3/18/81, effective 4/22/81]

CHAPTER 136 PHYSICIANS' ASSISTANTS

470-136.1(1488) General. A physician's assistant is a person qualified by general educa­tion, training, experience, and personal character to provide patient services under the direction and supervision of an actively licensed physician in good standing. The purpose of the physician's assistant program is to enable the physician to extend high quality medical care to more people throughout the state.

The licensed physician shall in all cases be regarded as the employer of the physician's assistant and shall be responsible for establishing whatever supervision is necessary to insure that the physician's assistant is performing properly in the field of medicine for which he or she is trained and the acts which he or she is authorized by law to perform.

These rules are not intended to affect or limit a physician's existing right to delegate various medical tasks to aides, assistants or others acting under his or her supervision or direction. Aides, assistants or others who perform only those tasks which can be so dele­gated shall not be required to qualify as physicians' assistants.

470-136.2(1488) Deftnitlons. 136.2(1) "Board" means the board of medical examiners of the state of Iowa. 136.2(2) "Department" means the state department of health. 136.2(3) "Approved program" means a program for the education of physicians'

assistants which has been formally approved by the board. 136.2(4) "Trainee" means a person who is currently enrolled in an approved program. 136.2(5) "Physician" means a person who is currently licensed in Iowa to practice

medicine and surgery, osteopathic medicine and surgery, or osteopathy. 136.2(6) "Physician's assistant" means a person who has successfully completed an

approved program or is otherwise found to be qualified as a physician's assistant and is approved by the board to perform medical services under the supervision of one or more physicians approved by the board to supervise such assistant.

136.2(7) "Supervising physician" means a physician approved by the board to supervise and be responsible for a particular assistant to the physician, who evaluates his patient's total health care needs and who accepts initial and continuing responsibilities therefor.

136.2(8) "Supervision" means the responsibility of the supervising physician to retain authority for patient care, although the physician need not be physically present at each activity of the assistant, nor be specifically consulted before each delegated task is per­formed. The physician's assistant may be involved with patients of the physician in any medical setting within the established scope of the physician's practice, not prohibited by law or these rules. The physician's assistant service may be utilized in all medical settings, including the office, the ambulatory clinic, the hospital, the patient's home, extended care facilities and nursing homes. Diagnostic and therapeutic procedures common to the physician's practice may be assigned after demonstration of proficiency and competence.

The term "supervision" shall not be construed as requiring the personal presence of a supervising physician at the place where such services are rendered except insofar as the personal presence is expressly required by these rules or by chapter 148B of the Code.

47C-136.3(1488) Application for approval. 136.3(1) Application for approval of an assistant must be made upon forms supplied by

the board and must be submitted by the physician with whom the assistant will work and who will assume responsibility for the assistant's performance.

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lAC 3/18/81 Health[470]

CHAPTER 141 CHIROPRACTIC EXAMINERS

GENERAL

Ch 141, p.1

470-141.1(151) Definitions. The following definitions shall be applicable to the rules of the Iowa state board of chiropractic examiners:

141.1(1) uBoard" shall mean the board of chiropractic examiners of the state of Iowa. 141.1(2) uDepartment, shall mean the state department of health. 141.1(3) ucommissioner" shall mean the commissioner of public health. 141.1(4) Rescinded by Governor's Administrative Rules Executive Order No.2, 10/9/79,

see lAB 10/31 179. 141.1(5) uProfession" shall mean chiropractic. 141.1(6)* Rescinded, effective 8/31179. 141.1(7) uLicense" shall mean a certificate issued to a person licensed to practice

chiropractic under the laws of this state. 141.1(8) uLicensee" shall mean a person licensed to practice chiropractic. 141.1(9) uLicensee discioline" or udiscioline" shall mean anv sanction the board mav im­

pose upon its licensees for conduct which threatens or denies persons of this state a high stand-ard of professional care.

141.1(10) "Disciplinary proceeding" shall mean any proceeding under the authority of the board pursuant to which licensee discipline may be imposed.

141.1(11) "Peer review" shall mean evaluation of professional services rendered by a pro­fessional practitioner.

141.1(12) ~~Peer review committee" shall mean one or more persons acting in a peer review capacity who have been appointed by the board for such purpose.

141.1(13) ~~Respondent" shall mean any individual(s) who shall be charged in a complaint with a violation of professional ethics or practice or both. ·

141.1(14) "Rule" shall mean a requirement, procedure, or standard of general applicabili­ty prescribed by the board relating to either the administration or enforcement of the chiropractic profession.

141.1(15) uorder" shall mean a requirement, procedure or standard of specific or limited application adopted by the board relating to any matter the board is authorized to act upon, including the professional conduct of licensees and the examination for licensure and licensure of any person under the laws of this state.

141.1(16) uMa/practice" shall mean any error or omission, unreasonable lack of skill, or failure to maintain a reasonable standard of care by a chiropractor in the practice of his or her profession.

141.1(17) uchiropractic practice Acts, shall mean chapter 151, The Code and those pro­visions of the Code of Iowa which incorporate by explicit reference to the practice of chiropractic.

470-141.2(151) Description of board. The purpose of the board of chiropractic examiners is to administer, interpret and enforce the provisions of chapter 151 of the Code and those other provisions of the Iowa Code which incorporate by explicit or implicit reference the prac­tice of chiropractic. These powers include but are not limited to the examination of can­didates, determining the eligibility of candidates for licensure by examination and endorse­ment, investigating violations and infractions of the laws relating to the practice of chiroprac­tic, and revoking, suspending or otherwise disciplining a chiropractor who has violated the provisions of the chiropractic practice Acts.

470-141.3(151) Organization of board. The board is comprised of five members licensed to ~ practice chiropractic and two representatives of the general public. The members are ap-

•Emergency, pursuant to §17A.5{2)"b"(2) or the Code.

Ch 141, p.2 Health[470] lAC 9/5/79

pointed by the governor and confirmed by the senate. The term of office is for three years. The board:

141.3(1) Is a policymaking body relative to matters involving chiropractic education and licensure, post-graduate training and discipline.

141.3(2) Conducts business according to established policy as approved by the members. 141.3(3) Organizes annually and elects a chairperson, vice-chairperson, superintendent of

examinations and a secretary from its membership. a. uchairperson, shall preside at all meetings of the board. Shall have power to vote. Shall

appoint committees when necessary to study issues, and shall follow Robert's Rules of Order. b. uvice chairperson, shall act in the capacity of chairperson in the absence of that officer. c. usecretary,, shall keep an accurate and complete record of all transactions of the board.

Copies of all such records will become public record and will be on file in the board office, Lucas State Office Bldg., Des Moines, Iowa 50319 or its designated office.

d. usuperintendent of examinations, shall supervise the examination and make ar-rangements for the holding of the examinations in a proper manner.

141.3(4) Governs its proceedings by Robert's Rules of Order, Revised. 141.3(5) Appoints a full-time executive setretary who: a. Is not a member of the board. b. Under guidance of the members of the board performs administrative activities relating

to the department in the administration and enforcement of the laws relative to the practice of chiropractic.

141.3(6) Has the statutory authority to: a. Administer, interpret, and enforce the laws and administrative rules relating to the prac­

tice of chiropractic. b. Review or investigate, or both, upon written complaint or upon its own motion pursuant

to other evidence received by the board, alleged acts or omissions which the board reasonably believes constitute cause under applicable law or administrative rule for licensee discipline;

c. Determine in any case whether an investigation, or further investigation, or a disciplinary proceeding is warranted;

d. Initiate and prosecute disciplinary proceedings; e. Impose licensee discipline; f. Petition the district court for enforcement of its authority with respect to licensees or

with respect to other persons violating the laws which the board is charged with administering; g. Establish and register peer review committees; h. Refer to a registered peer review committee for investigation, review, and report to the

board, any complaint or other evidence of an act or omission which the board reasonably believes to constitute cause for licensee discipline.

However, the referral of any matter shall not relieve the board of any of its duties and shall not divest the board of any authority or jurisdiction;

i. Determine and administer the annual renewal of licenses; j. Establish and administer rules for continuing education requirements as a condition to

license renewal.

470-141.4(151) Official communications. All official communications, including submis­sions and requests, should be addressed to the Executive Secretary, Iowa State Board of Chiropractic Examiners, Lucas State Office Building, Des Moines, Iowa 50319.

470-141.5(151) Office hours. The office of the board is open for public business from 8:00 a.m. to 4:30 p.m., Monday to Friday of each week unless by determination of executive secretary with approval of chairperson.

470-141.6(151) Meetings. Regular meetings of the board ordinarily are held bi-monthly. V The board currently administers three-day licensing examinations twice each year. Informa-tion concerning the dates and locations for meetings and examinations may be obtained from the board's office.

lAC 3/18/81 Health[470] Ch 141, p.5

d. The specific questions presented for declaratory ruling. e. A consecutive numbering of each multiple issue presented for declaratory ruling. f. A statement as to how the agency should rule and why. A brief may be attached thereto. 141.10(5) The petition shall be filed either by serving it personally to the executive

secretary or by mailing it to the Executive Secretary, Lucas State Office Building, Des Moines, Iowa 50319.

141.10(6) The executive secretary shall acknowledge receipt of petitions or return petitions not in substantial conformity with the above rules.

141.10(7) The board may decline to issue a declaratory ruling for the following reasons: a. A lack of jurisdiction. b. A lack of clarity of the issue and facts presented. c. The issue or issues presented are pending resolution by a court of Iowa or by the attorney

general. d. The issue or issues presented have been resolved by a change in circumstances or by other

means. e. The issue or issues are under investigation for purposes of formal adjudication. f. The petition does not comply with the requirements imposed by subrules 141.10(1) to

141.10(5). g. Where a ruling would necessarily determine the legal rights of other parties not

represented in the proceeding. 141.10(8) In the event the board declines to make a ruling, the executive secretary shall

notify the petitioners of this fact and the reasons for the refusal. 141.10(9) When the petition is in proper form and has not been declined, the board shall

issue a ruling disposing of the petition within a reasonable time after its filing. 141.10(10) Rulings shall be mailed to petitioners and to other parties at the discretion of

the executive secretary. Rulings shall be indexed and available for public inspection. 141.10(11) A declaratory ruling by the board shall have a binding effect upon subsequent

board decisions and orders which pertain to the party requesting the ruling and in which the factual situation and applicable law are indistinguishable from that presented in the petition for declaratory ruling. To all other parties and in factual situations which are distinguishable from that presented in the petition, a declaratory ruling shall serve merely as precedent.

470-141.11(151) Rules pertaining to schools. 141.11(1) Rules pertaining to the practice of chiropractic at a chiropractic college clinic

shall be equal to the standards established by the Council on Chiropractic Education existing as of July 1, 1976 or one that meets equivalent standards thereof.

141.11(2) All chiropractic colleges in order to be approved by the board of chiropractic ex­aminers shall first have status with the Commission on Accreditation of the Council on Chiropractic Education as recognized by the U.S. Office of Education existing as of January 1, 1979 or one that meets equivalent standards thereof.

141.11(3) The following procedures are established for an institution to obtain equivalent approval by the board of examiners:

a. Standards. The standards against which the institution will be evaluated shall be equivalent to, or exceeding those published and utilized by the Council on Chiropractic Education existing as of July 1, 1976.

b. Self-study. A comprehensive self-study shall be required of the applying institution which measures its performance against the objectives of the institution and the standards of the board of examiners. After review of the self-study the board shall render a decision that the self-study is either: (1) Satisfactory, (2) unsatisfactory in terms of the report, or (3) un­satisfactory in terms of content. If unsatisfactory, the board will furnish the institution with a bill of particulars. An inspection of the institution shall not be made until the self-study is satisfactory.

c. Inspection. Inspection of the institution shall be conducted by an examining team selected by the board and shall consist of a minimum of five members. Two shall have doc-

Ch 141, p.6 Health[470] lAC 3/18/81

torates in the basic sciences; one shall have a doctorate in college administration, and two shall be doctors of chiropractic.

(1) The inspection team shall determine firsthand if the applicant institution meets the established standards and is meeting its own institutional objectives.

(2) Expenses of the inspection team shall be borne by the applicant institution. (3) The inspection team shall furnish the board with a comprehensive report of the team

findings after having provided the institution with opportunity to comment on its findings. d. Decision. The board of examiners will make its decision on the basis of the comprehen­

sive report of the inspection team after providing the institution opportunity for a hearing on the report. If a member of the board has participated in the inspection, he shall not participate in the decision-making process.

470-141.12(151) General requirements. 141.12(1) Each license year shall be from July 1 to June 30. 141.12(2) The board shall assess a penalty equal to the renewal fee if more than thirty days

has passed since the expiration date. 141.12(3) Any licensee who allows the license to lapse by failing to renew within one year

of the expiration date shall be required to pay the penalty set forth in 141.12(2) and all past renewal fees then due. Said licensee may be reinstated without examination upon approval by the board.

141.12(4) The board may affiliate with the Federation of Chiropractic Licensing Boards. 141.12(5) Any official action or vote of the board taken by mail or by other means shall be

preserved by the executive secretary in the same manner as the minutes of the regular meet­ings.

141.12(6) Any legal proceedings where applicable shall be conducted in a manner as stipulated in chapters 17A, 147, 151.

470-141.13(151) · Rules for conducting examinations. 141.13(1) Applicant shall submit a completed application on a form prescribed by the

board with required credentials and fee. The completed application must be on file at least thirty days prior to the date of the examination and must include the following:

a. A photostatic copy of chiropractic diploma (no larger than 8 V2 x 11 inches) b. A photostatic copy of high school diploma (no larger than 8 V2 x 11 inches) c. Official transcript of grades of the National Board. d. The applicant shall have achieved diplomat statu5, with the National Board of Chiroprac­

tic Examiners after July 1, 1973, or a basic science certificate issued prior to July 1, 1973; and after August 1, 1976 it shall include all electives of the National Board, existing as of July 1, 1976.

e. Each applicant shall· attach three written character references to the application. Said references shall not be from members of the chiropractic profession.

f. Each applicant must include a record of the number and date of chiropractic license ob­tained in other states, if any, the manner in which such license or licenses were obtained, and a statement as to whether or not any license so issued has ever been suspended or revoked.

g. Each application shall include a chronologie statement as to all the places where the can­didate has practiced, if any, type of practice engaged in and the period of time so engaged.

141.13(2) Any candidate applying for licensure shall be required to appear for a personal interview before the board or before a member thereof, unless waived by the board.

141.13(3) The board shall require written, oral or practical examinations of any applicant. 141.13(4) Any candidate who fails in his or her examination shall be entitled to take a sec­

ond examination without further fee or application at any time within fourteen months after the first examination. The candidate shall be required to repeat the entire examination in his second examination. Thereafter the candidate will be required to file a new application with fee of one hundred dollars and take the entire examination at the discretion of the board.

lAC 3/18/81 Health£470] Ch 141, p.7

141.13(5) Examinations given by the board will be held in February and August at a loca­tion and time specified by the board. Additional examinations may be held at the discretion of the board.

141.13(6) All applicants matriculating after October 1, 1975 will be a graduate from a col­lege having status with the C.C.E. (Council on Chiropractic Education) or its successor, or from a college which meets or exceeds equivalent standards thereof existing as of July 1, 1976. (See 141.11(151))

141.13(7) The board shall examine the applicant's practical, clinical and technical abilities in the practice of chiropractic.

141.13(8) The passing grade for each subject of the practical examination given by the board shall be seventy percent and an overall average of seventy-five percent shall be attained.

141.13(9) An applicant detected seeking or giving improper help with the examination will be dismissed and the examination collected. The person may reapply and return for examina­tion following a waiting period of one year. A new examination fee will be required.

141.13(10) Examination number. Before commencing the examination each applicant will be given a confidential number which shall be inscribed at the left-hand corner of each page of the manuscript; no other marks shall be placed on any paper whereby the identity of the can­didate may become known. Pages are to be numbered in the upper right hand corner.

141.13(11) Any failing examination must be reviewed by the professional members of the board but public members shall be allowed to attend any review.

470-141.14(151) Licensure by reciprocity or endorsement. 141.14(1) Each applicant shall submit a completed application form accompanied by a fee

of one hundred dollars. 141.14(2) A license to practice chiropractic by reciprocity or by endorsement may be

issued on the basis of an examination in substantially all of the subjects required by this board given by a state examining board having reciprocal or endorsement relations with the board, provided, however, that the applicant must comply with all other requirements for licensure by examination in this state.

141.14(3) If any state with which this state has reciprocal or endorsement relations, places any limitations or restrictions upon licentiates of this state, the same limitations or restrictions may be imposed upon licentiates of such state applying for admission to practice in this state on the basis of reciprocity or endorsement.

141.14(4) The statement made in the application must be reviewed and verified by the state examining board issuing the original license, certifying under seal as to the subjects in which the applicant was examined, the grade obtained in each subject and the general average attained in the entire examination.

141.14(5) In all cases the board reserves the right to review the examination papers and grades upon which reciprocal or endorsement certification may be granted before accepting the same.

141.14(6) No reciprocal license or license by endorsement shall be issued except on the basis of a license received by examination. The applicant must have had two years of full-time practice before applying for license by reciprocity or endorsement.

141.14(7) No reciprocal license or license by endorsement shall be issued to an applicant who has failed the examination more than two times in another state.

141.14(8) A candidate who has not passed a chiropractic examination in another state in one sitting shall not be eligible for licensure by endorsement in this state.

141.14(9) The chiropractic examiners may require written, oral or a practical examination of any applicant for licensure by reciprocity or endorsement.

470-141.15(151) License renewal date. A license to practice chiropractic shall expire on the thirtieth of June following the date of issuance of the license. ·

470-141.16(151) License-examination-renewal fees. The following fees shall be collected by the board:

Ch 141, p.S Health[470] lAC 9/S/79

141.16(1) For a license to practice chiropractic, issued upon the basis of examination given by the chiropractic examiners, one hundred dollars. "--"

141.16(2) For the renewal fee of a license to practice chiropractic, fifty dollars. 141.16(3) For a certified statement that a licensee is licensed in this state, ten dollars. 141.16(4) For a duplicate license, which shall be so designated on its face, upon satisfac-

tory proof the original license issued by the department of health has been destroyed or lost, ten dollars.

470-141.17(151) Specified forms to be used. All applications for examinations, certificates and licenses shall be on forms prescribed by the board. These forms may include, but not be limited to, the following, and where practicable, any one or more of the following forms may be consolidated into a single form.

Board Form: 1.

2.

3.

4. s.

6.

7.

141.18 to 141.20 Reserved.

Form Title: Application for a license to practice chiropractic on the basis of examination. Application for reinstatement of license to practice chiropractic. Application for renewal of a chiropractic license. Complaint form. Report of continuing chiropractic education. Certificate of exemption from continuing education requirements. Application for waiver of minimum education requirements due to disability or illness.

DISCIPLINE

470-141.21(151, 258A) General. The board has authority to impose discipline for any violation of the chiropractic practice Acts or the rules promulgated thereunder. The board also has authority to impose discipline for violations of other provisions of the Code and the other rules promulgated thereunder to the extent said provisions concern the practice of chiropractic.

470-141.22(151, 258A) Method of discipline. The board has authority to impose the \._,I following disciplinary sanctions:

a. Revocation of license. b. Suspension of license until further order of the board or for a specified period. c. Prohibit permanently, until further order of the board or for a specified period, the

engaging in specified procedures, methods or acts. d. Probation. e. Require additional education or training. f. Require a re-examination. g. Impose civil penalties not to exceed one thousand dollars ($1,000.00). h. Issue citation and warning. i. Such other sanctions allowed by law as may be appropriate.

470-141.13(258A) Discretion of board. The following factors may be considered by the ~..,.) board in determining the nature and severity of the disciplinary sanction to be imposed:

lAC 3/18/81 Health[470] Ch 141, p.9

a. The relative seriousness of the violation as it relates to assuring the citizens of this state a high standard of professional care.

b. The facts of the particular violation. c. Any extenuating circumstances or other countervailing considerations. d. Number of prior violations or complaints. e. Seriousness of prior violations or complaints. f. Whether remedial action has been taken. g. Such other factors as may reflect upon the competency, ethical standards and profes­

sional conduct of the licensee.

470-141.24(258A) Grounds for discipline. The board may impose any of the disciplinary sanctions set forth in rule 141.22(151,258A) including civil penalties in an amount not to ex­ceed $1 ,000.00, when the board determines that the licensee is guilty of the following acts or offenses:

141.24(1) Fraud in procuring a license. a. Fraud in procuring a license includes, but is not limited to an intentional perversion of

the truth in making application for a license to practice chiropractic and includes false representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making applica­tion for a license in this state, or attempting to file or filing with the board or the state depart­ment of health any false or forged diploma, or certificate or affidavit or identification or qualification in making an application for a license in this state.

b. Reserved. 141.24(2) Professional incompetency. a. Professional incompetency includes, but is not limited to: (1) A substantial lack of knowledge or ability to discharge professional obligations within

the scope of the chiropractor's practice; (2) A substantial deviation by the chiropractor from the standards of learning or skill or­

dinarily possessed and applied by other chiropractors in the state of Iowa acting in the same or similar circumstances;

(3) A failure by a chiropractor to exercise in a substantial respect that degree of care which is ordinarily exercised by the average chiropractor in the state of Iowa acting in the same or similar circumstances;

(4) A willful or repeated departure from or the failure to conform to the minimal standard or acceptable and prevailing practice of chiropractic in the state of Iowa.

b. Reserved. 141.24(3) 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.

a. Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of a profession includes, but is not limited to an intentional perversion of the truth, either orally or in writing, by a chiropractor in the practice of chiropractic and includes any representation contrary to his or her legal or equitable duty, trust or confidence and is deemed by the board to be contrary to good conscience, prejudicial to the public welfare and may operate to the injury of another.

b. Engaging in unethical conduct includes, but is not limited to a violation of the standards and principles of chiropractic ethics and code of ethics as set out in rule 141.51(147, 258A) as interpreted by the board. ·

c. Practice harmful or detrimental to the public includes, but is not limited to the '"failure of a chiropractor to possess and exercise that degree of skill, learning and care expected of a reasonable prudent chiropractor acting in the same or similar circumstances in this state or when a chiropractor is unable to practice chiropractic with. reasonable skill and safety to pa­tients as a result of a mental or physical impairment or chemical abuse.

141.24(4) Habitual intoxication or addiction to the use of drugs.

Ch 141, p.10 Health[470] lAC 3/18/81

a. Habitual intoxication or addiction to the use of drugs includes, but is not limited to the inability of a chiropractor to practice chiropractic with reasonable skill and safety by reason of the excessive use of alcohol, drugs, narcotics, chemicals or other type of material on a con­tinuing basis, or the excessive use of alcohol, drugs, narcotics, chemicals or other type of material which may impair a chiropractor's• ability to practice his or her profession with reasonable skill and safety.

b. Reserved. 141.24(5) Conviction of a felony related to the profession or occupation of the licensee, or

the conviction of any felony that would affect his or her ability to practice within a profession. A copy of the record of conviction or plea of guilty shall be conclusive evidence.

a. Conviction of a felony related to the profession or occupation of the licensee or the con­viction of any felony that would affect his or her ability to practice within a profession in­cludes, but is not limited to the conviction of a chiropractor who has committed a public of­fense in the practice of his or her profession which is defined or classified as a felony under state or federal law, or who has violated a statute or law designated as a felony in this state, another state, or the United States, which statute or law relates to the practice of chiropractic, or who has been convicted of a felonious act, which is so contrary to honesty, justice or gootl morals, and so reprehensible as to violate the public confidence and trust imposed upon him or her as a chiropractor in this state.

b. Reserved. 141.24(6) Fraud in representations as to skill or ability. a. Fraud in representations as to skill or ability includes, but is not limited to a chiropractor

having made misleading, deceptive or untrue representations as to his or her competency to perform professional services for which he or she is not qualified to perform by training or ex­perience.

b. Reserved. 141.24(7) Use of untruthful or improbable statements in advertisements. a. Use of untruthful or improbable statements in advertisements includes, but is not limited

to an action by a chiropractor in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation and includes statements which may consist of, but are not limited to:

(1) Inflated or unjustified expectations of favorable results. (2) Self-laudatory claims that imply that the chiropractor is a skilled chiropractor engaged

in a field or specialty of practice for which he or she is not qualified. (3) Representations that are likely to cause the average person to misunderstand; or (4) Extravagant claims or to proclaim extraordinary skills not recognized by the chiroprac-

tic profession. b. Reserved. 141.24(8) Willful or repeated violations of the provisions of this Act. a. Willful or repeated violations of the provisions of this Act includes, but is not limited to

a chiropractor having intentionally or repeatedly violated a lawful rule or regulation prom­ulgated by the board of chiropractic examiners or the state department of health or violated a lawful order of the board or the state department of health in a disciplinary hearing or has violated the chiropractic practice Acts or rules promulgated thereunder.

b. Reserved. 141.24(9) Violating a statute or law of this state, another state, or the United States,

without regard to its designation as either felony or misdemeanor, which statute or law relates to the practice of chiropractic.

141.24(10) Failure to report a licensee revocation, suspension or other disciplinary action taken by a licensing authority of another state, territory or country.

141.24(11) Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice chiropractic.

141.24(11) Being guilty of a willful or repeated departure from, or the failure to conform to the chiropractic practice Acts or rules promulgated therein. An actual injury to a patient need not be established.

lAC 3/18/81 Health[470] Ch 141, p.ll

141.24(13) Inability to practice chiropractic with reasonable skill and safety by reason of a mental or physical impairment or chemical abuse.

141.24(14) Willful or repeated violation of lawful rule or regulation promulgated by the board.

141.24(15) Violating a lawful order of the board, previously entered by the board in a disciplinary hearing.

141.24(16) Being adjudged mentally incompetent by a court of competent jurisdiction. Such adjudication shall automatically suspend a license for the duration of the license unless the board orders otherwise.

141.24(17) Making suggestive, lewd, lascivious or improper remarks or advances to a pa­tient.

141.24(18) Indiscriminately or promiscuously prescribing, administering or dispensing any order for other than lawful purpose.

141.24(19) Submission of a false report of continuing education or failure to submit the annual report of continuing education.

141.24(20) Failure to notify the board within thirty days after occurrence of any judgment or settlement of a malpractice claim or action.

141.24(21) Failure to comply with a subpoena issued by the board. 141.24(22) Failure to file the reports required by rule 141.32(258A) concerning acts or

omissions committed by another licensee. 141.24(23) Repeated malpractice. 141.24(24) Obtaining any fee by fraud or misrepresentation. 141.24(25) Negligence in failing to exercise due care in the delegation of chiropractic ser­

vices to or supervision of assistants, employees or other individuals, whether or not injury results.

141.24(26) Violating any of the grounds for the revocation or suspension of a license listed in chapter 151 of the Code.

141.24(27) Failure to maintain clean and sanitary conditions at his or her premises in keep­ing with sound public health standards.

470-141.25(258A) Procedure for peer review. A complaint made to the board by any per­son relating to licensure or concerning the professional conduct of a licensee may be assigned to a peer review committee for review, investigation and report to the board.

470-141.26(258A) Peer review committees. 141.26(1) The board shall within thirty days after the effective date of these rules

[10/11/79] and on or before the first day of July of each year thereafter, establish or register, or both, one peer review committee with subcommittees in each Iowa congressional district. Each subcommittee shall consist of at least three licensees appointed by the board for a rotating term of one to three years. The board may establish and register other peer review committees in an emergency or under unusual circumstances.

141.26(2) The board shall determine which peer review committee will review a case and what complaints or other matters shall be referred to a peer review committee for investiga­tion, review, and report to the board. Each report shall contain the recommendations of the peer review committee relative to disciplinary action by the board.

141.26(3) The board may provide investigatory and related services to peer review com­mittees upon request.

141.26(4) A peer review committee may determine the method to be used in making its in­vestigation or that it is unable to investigate the report upon a complaint, and return the com­plaint together with an explanation to the board.

141.26(5) The peer review committees shall observe the requirements of confidentiality imposed by chapter 258A of the Code.

141.26(6) Members of the peer review committees shall not be liable for acts, omissions or decisions made in connection with service on the peer review committee. However, such im­munity from civil liability shall not apply if such act is done with malice.

Ch 141, p.12 Health[470] lAC 9/5/79

470-141.27(258A) Duties of peer review committees. 141.27(1) The peer review committees shall submit to the board for approval the pro- ~

cedures to be used for review, investigation and handling of all complaints. 141.27(2) The peer review committees shall thoroughly investigate all complaints and

make written recommendation to the board. a. Written recommendations shall contain a statement of facts, the recommendation for

disposition, and the rationale supporting the recommendation. b. The written recommendations shall be signed by the members of the peer review commit­

tees concurring in the report.

470-141.28(258A) Board review of recommendations. The board shall consider and act upon recommendations of the peer review committees at the next board meeting held after submission of the written recommendations.

141.28(1) If the board finds that reasonable basis exists for further action, it shall notify the licensee who is the subject of the complaint and the complainant that further action will be \...t taken and stating the reasons for its determination. Unless informal stipulation and settlement is arrived at, the board shall proceed to a hearing on the matter in accordance with the pro­cedural process set out in subrule 141.41(9).

141.28(2) Reserved.

470-141.29(258A) Reporting of judgments or settlements. Each licensee shall report to the board every adverse judgment in a malpractice action to which he or she is a party, and every settlement of a claim against him or her alleging malpractice. The report together with a copy of the judgment or settlement must be filed with the board within thirty days from the date of said judgment or settlement.

470-141.30(258A) Investigation of reports of judgments and settlements. Reports received \.,.,) by the board from the commissioner of insurance, insurance carriers and licensees involving adverse judgments in a professional malpractice action, and settlement of claims alleging malpractice, which involve acts or omissions which constitute negligence, careless acts or omissions in the practice of chiropractic shall be reviewed and investigated by the board in the same manner as is prescribed in these rules for the review and investigation of written com­plaints.

470-141.31(258A) Reporting of acts or omissions. Each licensee, having first-hand knowledge of acts or omissions set forth in rule 141.24(258A) shall report to the board those acts or omissions when committed by another person licensed to practice chiropractic. The report shall include the name and address of the licensee and the date, time and place of the in­cident.

470-141.32(258A) Failure to report licensee. Upon obtaining information that a licensee failed to file a report required by rule 141.31(258A) within thirty days from the date he or she initially acquired the information, the board may initiate a disciplinary proceeding against the licensee who failed to make the required report.

470-141.33(258A) Immunities. A person shall not be civilly liable as a result of filing a report or complaint with the board or peer review committee, or for the disclosure to the board or its agents or employees, whether or not pursuant to a subpoena of records, docments, testimony or other forms of information which constitute privileged matter concerning a recipient of health care services or some other person, in connection with pro­ceedings of a peer review committee, or in connection with duties of the board. However, such immunity from civil liability shall not_ apply if such act is done with malice. ~

470-141.34(258A) Doctor-patient privileged communications. The privilege of confidential communication between the recipient and the provider of health care services shall not extend

lAC 3/18/81 Health[470] Ch 141, p.21

141.61(8) .. Inactive licensee, means any person licensed to practice chiropractic in Iowa who has met all conditions of officially placing his or her license on inactive status and may not practice chiropractic until the re-entry requirements _as defined in these rules are met.

470-141.62(258A) Continuing education requirements. 141.62(1) Beginning July 1, 1978 each person licensed to practice chiropractic in this state

shall complete during each calendar year a minimum of twenty hours of continuing education approved by the board. Compliance with the requirement of continuing education is a prere­quisite for license renewal in each subsequent license renewal year.

141.62(2) The continuing education complaince year shall extend from January 1 to December 31, during which period attendance at approved continuing education programs may be used as evidence of fulfilling continuing education requirements for the subsequent license renewal year beginning July 1 and expiring June 30.

141.62(3) Hours of continuing education credit may be obtained by attending and par­ticipating in a continuing education activity which meets the requirement herein and is ap­proved by the board pursuant to rule 141.64(151).

141.62(4) A licensee desiring to obtain credit for one or more succeeding calendar years, not exceeding two such years, for completing more than twenty hours of approved continuing education during any one calendar year shall report the carry-over credit at the time of filing the annual report to the board on or before February 1 of the year following the calen­dar year during which the claimed additional continuing education hours were completed.

141.62(5) It is the responsibility of each licensee to finance their costs of continuing educa­tion.

470-141.63(151) Standards for approval. A continuing education activity shall be qualified for approval if the board determines that:

141.63(1) It constitutes an organized program of learning (including a workshop or sym­posium) which contributes directly to the professional competency of the licensee; and

141.63(2) It pertains to common subjects or other subject matters which integrally relate to the current national and international standards of the practice of chiropractic; and

141.63(3) It is conducted by individuals who have a special education, training and ex­perience by reason of which said individuals should be considered experts concerning the sub­ject matter of the program, and is accompanied by a paper, manual or written outline which substantively pertains to the subject matter of the program. Except as may be allowed pur­suant to rule 141.71(151) hereof, no licensee shall receive credit exceeding ten percent of the annual total required hours for self-study, including TV viewing, video or sound-recorded programs, correspondence work, or research, or by other similar means as authorized by the board.

\..1 470-141.64(151) Approval of sponsors, programs, and activities. 141.64(1) Accreditation of sponsors. An organization or person not previously accredited

by the board, which desires accreditation as a sponsor of courses, programs, or other continu­ing education activities, shall apply for accreditation to the board stating its education history for the preceding two years, including approximate dates, subjects offered, total hours of in­struction presented, and the names and qualifications of instructors. By January 31 of each year, commencing January 31, 1980 all accredited sponsors shall report to the board in writing the education programs conducted during the preceding calendar year on a form approved by the board.

The board may at any time re-evaluate an accredited sponsor. If after such re-evaluation, the board finds there is basis for consideration of revocation of the accreditation of an ac­credited sponsor, the board shall give notice by ordinary mail to that sponsor of a hearing on

"-"" such possible revocation at least thirty days prior to said hearing. The decision of the board after such hearing shall be final.

141.64(2) Prior approval of activities. An organization or person other than an accredited sponsor, which desires prior approval of a course, program, or other continuing education ac-

Ch 141, p.22 Health[470] lAC 3/18/81

tivity shall apply for approval to the board at least ninety days in advance of the commence­ment of the activity. The board shall approve or deny such application in writing within thirty days of receipt of such application. The application shall state the dates, subjects offered, total hours of instruction, names and qualifications of speakers and other pertinent informa­tion.

141.64(3) Post approval of activities. A licensee seeking credit for attendance and par­ticipation in a continuing education activity which was not conducted by an accredited spon­sor nor otherwise approved by the board shall submit to the board, within thirty days after completion of such activity, a request for credit, including a brief resume of the activity, its dates, subjects, instructors, and their qualifications and the number of credit hours requested therefor. Within ninety days after receipt of such application, the board shall advise the licensee in writing by ordinary mail whether the activity is approved and the number of hours allowed therefor. A licensee not complying with the requirements of this subrule may be denied credit for such activity.

141.64(4) Review of programs. The board may monitor or review any continuing educa­tion program already approved by the board and upon evidence of significant variation in the program presented from the program approved may disapprove all or any part of the ap­proved hours granted in the program.

470-141.65(258A) Hearings. In the event of denial, in whole or part, of any application for approval of a continuing education program or credit for continuing education activity, the applicant or licensee shall have the right within twenty days after the sending of the notifica­tion of the denial by ordinary mail, to request a hearing which shall be held within sixty days after receipt of the request for hearing. The hearing shall be conducted by the board or a qualified hearing officer designated by the board, in substantial compliance with the hearing procedure set forth in rule 141.41(147, 151, 17A, 258A). If the hearing is conducted by a hear­ing officer, the hearing officer shall sub·mit a transcript of the hearing including exhibits to the board after the hearing with the proposed decision of the hearing officer. The decision of the board or decision of the hearing officer after adoption by the board shall be final.

470-141.66(258A) Reports and records. Each licensee shall file evidence of continuing chiropractic education satisfactory to the board previous to relicensure of the year following the calendar year in which claimed continuing education hours were completed. A report of such continuing chiropractic education on a form furnished by the board, shall be sent to the Executive Secretary, Iowa State Board of Chiropractic Examiners, Lucas State Office Building, Des Moines, Iowa 50319, or to such other address as may be designated on the form.

141.66(1) The board relies upon each individual licensee's integrity in certifying to his or her compliance with the continuing chiropractic education requirements herein provided. Nevertheless the board reserves the right to require, if it so elects, any licensee to submit, in addition to such report, further evidence satisfactory to the board demonstrating compliance with the continuing chiropractic education requirements herein provided. Accordingly, it is the responsibility of each licensee to retain or otherwise be able to have, or cause to be made, available at all times, reasonably satisfactory evidence of such compliance.

141.66(2) The licensee shall maintain a file in which records of the activities are kept, in­cluding dates, subjects, duration of programs, registration receipts where appropriate and other appropriate documentations for a period of three years after the date of the program.

470-141.67(258A) Attendance record. The board shall monitor licensee attendance at ap­proved programs by random inquiries of accredited sponsors.

470-141.68(258A) Attendance report. The person or organization sponsoring continuing education activities shall make a written record of the Iowa licensees in attendance and send a \...w) signed copy of such attendance record to the executive secretary of the board upon completion of the educational activity, but in no case later than February 1 of the following calendar year.

lAC 3/18/81 Health[470] Ch 141, p.23

The report shall be sent to the Iowa Chiropractic Board of Examiners. Lucas State Office Building, Des Moines, Iowa 50319.

470-141.69(258A) 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 chiropractic 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.

470-141. 70(258A) 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 chiropractic in the state of Iowa, satisfy the following requirements for reinstatement:

141. 70(1) Submit written application for reinstatement to the board upon forms provided by the board; and

141. 70(2) Furnish in the application evidence of one of the following: a. The practice of chiropractic in another state of the United States or the District of Col­

umbia 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

b. Completion of a total number of accredited continuing education hours substantially equivalent under these rules computed by multiplying twenty 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.

470-141. 71(258A Exemptions for active practitioners. A chiropractor• licensed to practice chiropractic shall be deemed to have complied with the continuing education requirements of this state during the period that the licensee serves honorably on active duty in the military ser­vices, or for periods that the licensee is a resident of another state or district having a continu­ing education requirement for the profession and meets all requirements of that state or district for practice therein, or for periods that the licensee is a government employee working in his or her licensed specialty and assigned to duty outside of the United States, or for other periods of active practice and absence from the state approved by the board. Prior to engaging in active practice in Iowa, the licensee shall submit for board approval evidence of continuing education obtained in another state or district.

470-141. 72(258A) Physical disability or illness. The board may, in individual cases involv­ing physical 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 therefor shall be made on forms provided by the board and signed by the licensee and a physician licensed in the state of Iowa. Waivers of the minimum educational requirements may be granted by the· board for any period of time not to exceed one calendar year. In the event that the physical disability or ill­ness upon which a waiver has been granted continues beyond the period of the waiver, the licensee must 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.

470-141. 73(258A) Noncompliance. A licensee who in the opinion of the board does not satisfy the requirements for license renewal stated in this chapter will be placed on proba­tionary status and notified of the fact within sixty days after the renewal date. Within sixty days after such notification, the licensee must submit evidence to the board demonstrating •Emergency, pursuant to §17A.S(2)"b" of the Code.

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lAC 3/18/81 Health[470] Ch 143, p.1

that the deficiencies have been satisfied. If the deficiencies are not made up within the ""'-" specified period of time, the licensee's license will be classified as lapsed without further hear­

ing.

[Filed December 15, 1952] [Filed 9/27/76, Notice 6/14/76-published 10/20/76, effective 11/24/76]

[Filed without Notice 2/3/77-published 2/23/77, effective 3/30/77] [Filed 3/31/78, Notice 2/8/78--published 4/19/78, effective 5/24/78] [Filed 7/7/78, Notice 4/ 19178-published 7/26/78, effective 8/30/78*] [Filed 8/18/78, Notice 2/8/78--published 9/6/78, effective 10/11/78]

[Filed emergency 9/11/78--published 10/4/78, effective 9/11/78] [Filed 9/14/78, Notice 8/9/78--published 10/4/78, effective 11/8/78] [Filed 10/5/78, Notice 7 /26/78--published 11/1178, effective 12/6 78)

[Filed 7 I 18119, Notice 6/ 13179-published 8/8/79, effective 9/ 12/79] [Filed 8/17/79, Notice 2/21179-published 9/5/79, effective 10/11179]

[Filed emergency 8/30/79-published 9/19/79, effective 8/30/79] [Filed emergency 8/31179-published 9/19/79, effective 8/31/79]

[Subrule 141.1(4) rescinded by Governor's Administrative Rules Executive Order No.2, 10/9/79-published 10/31/79]

[Filed 11/21180, Notice 10/1/80-published 12/10/80, effective 1/15/81] [Filed 2/19/81, Notice 12/10/80-published 3/18/81, effective 4/22/81]

CHAPTER 142 Reserved

CHAPTER 143 BOARD OF OPTOMETRY EXAMINERS

470-143.1(154) General definitions. 143.1(1) "Board" means the board of optometry examiners. 143.1(2) "Department" means the Iowa state department of health.

470-143.2(154) Availabllity of Information. 143.2(1) All information regarding rules, forms, time and place of meetings, minutes of

meetings, record of hearings, and examination results are available to the public between the hours of 8:00 a.m. and 4:30 p.m., Monday to Friday, except holidays.

143.2(2) Information may be obtained by writing to the Board of Optometry Examiners, Iowa State Department of Health, Lucas State Office Building, Des Moines, Iowa 50319.

~ All official correspondence shall be in writing and directed to the board at this address.

470-143.3(154) Organization of the board and procedures. 143.3(1) A chair, vice-chair, and secretary shall be elected at the first meeting after

June 30 of each year. 143.3(2) Four board members present shall constitute a quorum. 143.3(3) The board shall hold an annual meeting and may hold additional meetings

caJled by the chair or by a majority of the members of the board.

470-143.4(154) Petition to promulgate, amend or repeal a rule. 143.4(1) An interested person may petition the board to promulgate, amend or repeal a

rule.

•Effective date of 141.51 delayed by the Administrative Rules Review Committee seventy days from August 30, 1978.

Ch 143, p.2 Health[470] lAC 4/20/77

143.4(2) The petition shall be typed, signed by or on behalf of the petitioner, and contain a detailed statement of:

a. The rule the petitioner is requesting the board to promulgate, amend or repeal. Where amendment of an existing rule is sought, that rule shall be set forth in full with matter proposed to be deleted therefrom enclosed in brackets and proposed additions thereto shown by underlining.

b. Facts in sufficient detail to show the reasons for adoption, amendment or repeal. c. All propositions of law to be asserted by petitioner. d. Sufficient facts to show how petitioner will be affected by the requested action. e. The name and address of the petitioner. 143.4(3) The petition shall be deemed filed when received by the board. 143.4(4) Upon receipt of the petition the board: a. Shall advise petitioner that he or she has thirty days in which to submit written views. b. May schedule oral presentation of petitioner's views. c. Shall, within sixty days after submission of the petition, either deny the petition or

initiate rulemaking procedures. 143.4(5) In the case of a denial of a petition to promulgate, amend or repeal a rule, the

board shall issue an order setting forth its reasons for such denial. The order shall be mailed to the petitioner.

470-143.5(154) Rules for examinations. 143.5(1) All applicants for examination shall apply to the State Department of Health,

Lucas State Office Building, Des Moines, Iowa 50319 for application forms. 143.5(2) The forms properly completed shall be filed with the department, together with

satisfactory evidence of compliance with section 154.3 (1) and (2) of the Code fifteen days prior to the examination.

143.5(3) The examination for admission to practice optometry in Iowa shall consist of the following:

a. Sections one and two of the examination by the national board of examiners in optometry, and

b. Written, oral and practical examination as determined and conducted by the board. 143.5(4) Any applicant failing in the first examination shall be entitled to a second

examination within fourteen months after the first examination without fee or filing a new application.

470-143.6(154) Reciprocity. 143.6(1) Applicants for licensure to practice optometry in the state of Iowa, who are

currently licensed by any other state licensing board, will be considered on an individual basis.

143.6(2) A license may be granted by the board with as much examination as may be required to establish proficiency and desirability of any such applicant.

143.6(3) All applications for reciprocity shall be made on the official forms supplied by the State Department of Health, Lucas State Office Building, Des Moines, Iowa 50319.

143.6(4) The application forms properly completed, accompanied by a fee, the state licensing certificate (or duplicate copy of same) of the state from which applicant desires to reciprocate, and the optometry college diploma or in lieu thereof a certified statement from the authorities of the optometry college, regarding the issuance of the diploma and the date of same, shall be filed with the department at least seventy days prior to date of examination or board meeting.

143.6(5) Each applicant must furnish certified evidence of three or more years' practice lawfully and continuously in the state from which the applicant desires to reciprocate, immediately preceding the filing of the application for reciprocity.

143.6(6) The statements made in the application must be reviewed and verified by the secretary of the state examining board issuing the original certificate who will also certify as to the schedule of subjects in which the applicant was examined and the rating given thereon and the general average attained.

lAC 3/18/81 Health [4 70] Ch 149. p.3

number of hours completed during the month for each student, and the total cumulative number of hours for each student at the end of the month.

This rule is intended to implement sections 147.29, 147.36 and 147.90 of the Code.

470-149. 7(147) Examination requirements. Examinees taking state board shall have at their disposal for the practical examination all necessary materials reauested bv the cosmetolo~y board of examiners. Any applicant appearing for state board shall bring a mannequin. No models are permitted.

149. 7(1) Rules and regulations of the board pertaining to examinations. All applications for examination must be made upon the official form supplied by the state department of health and filed with the cosmetology board at least fifteen days preceding the date of examination. Students who can complete their training prior to the date of the examination may qualify by complying with the above requirements; however, the exact date of graduation should be shown on the application.

149.7(2) All examinations shall be in the English language, however, applicants unable to speak, read or write the English language may furnish an interpreter who is not a cosmetologist. The material for the theory examination will be supplied by the cosmetology board.

149. 7(3) Before commencing the examinations, each applicant will be given a confidential number which shall be inscribed on the answer sheets; no other marks shall be placed on any paper whereby the identity of the candidate may become known.

149.7(4) Reserved. 6/21178. 149. 7(5) Any graduate taking the state board examination, who desires to practice

cosmetology prior to examination, must obtain a temporary permit. 149. 7(6) A certificate of license shall be issued by the cosmetology board of examiners to

an applicant who has passed satisfactorily an examination conducted by said board to determine fitness to practice cosmetology. The board shall not be confined to any specific system or method. Such examination shall be consistent with the prescribed curriculum for licensed cosmetology schools of this state and shall include practical demonstrations and written and oral tests as the board deems appropriate. Such examination is to be prepared and conducted by the board so as to determine whether or not the applicant possesses the requisite skill in such profession to perform properly all the duties thereof and has sufficient knowledge of the prescribed curriculum.

a. The applicant receiving a failing grade may be re-examined in the portion of the examination where the failure occurred at a regularly scheduled state board and obtain a passing grade.

b. Failure to appear and take the examination shall result in forfeiture of the fee and temporary permit unless the failure to appear shall have been due to illness or similar cause in which case written request setting forth reasons why forfeiture should not occur shall be made to the cosmetology board of examiners.

149.7(7) Any student failing the first examination shall be entitled to a second examination within fourteen months without the filing of a new application or fee.

149. 7(8) The examination rooms will be closed to everyone except students, examiners and personnel of the cosmetology office.

This rule is intended to implement sections 147.29, 147.36, and 147.90 of the Code.

470-149.8(147) Requirements for license to practice electrolysis. 149.8(1) A person applying for a license to practice electrolysis shall complete not less than

fifty hours of instruction in the theory of electrolysis and not less than fifty hours of practical instruction in the needle method of electrolysis or not less than twenty-five hours of practical instruction in the tweezer method of electrolysis.

149.8(2) A person applying for a license shall pass an examination prescribed by the board.

Ch 149, p.4 Health[470] lAC 3/18/81

149.8(3) No school shall be approved by the board to teach a course in electrolysis unless such school provides at least the curriculum required in subrule 149.8(1).

This rule is intended to implement section I 57 .5, The Code. [Filed prior to 711152; amended 4/21153, 5/15/53, 10/1159, 4/19/71] [Filed 8/5/77, Notice 6/1177-published 8/24/77, effective 10/1/771

[Filed 4/28/78, Notice 12/28/77-published 5/17/78, effective 6/21/78] (Filed 10/19/79, Notice 8/22/79-published 11/14/79, effective 12/21/79j

[Filed 2/27/81, Notice 12/10/80-published 3/18/81, effective4/22/81]

lAC 3/18/81 Housing Finance Authority[495] Ch 1, p.1

HOUSING FINANCE AUTHORITY[495] CHAPTER 1 GENERAL

1.1(220) Description of IHF A organiza­tion

1.2(220) General course and method of operations

1.3(220) Location where public may sub­mit requests for assistance or obtain information

1.4(220) Petition to promulgate, amend or repeal a rule

1.5(220) Request for oral presentation concerning intended rulemak­ing

1.6(220) Declaratory rulings 1. 7(220) Procedure for informal settle-

ments in contested cases 1.8(220) Operational definitions 1. 9(220) Local contributing effort 1.10(220) Forms 1.11 (220) Waiver 1.12(220) Public record 1.13(220) Tandem of programs

1.14(220) Severability

CHAPTER 2 LOAN PROGRAMS

2.1 (220) Administrative agents 2.2(220) Interest and fees 2.3(220) Amortization 2.4(220) Loan conditions 2.5(220) Security for loans 2.6(220) Types of loans 2. 7(220) Delinquency and foreclosure 2.8(220) Application processing 2. 9(220) Mortgage purchase or loans to

lenders for existing, newly built single-family or multifamily housing-general information

2.10(220) Assumption of mortgages

CHAPTER 3 IOWA HOMESTEADING PROGRAM

3.1 (220) General information 3.2(220) Program eligibility criteria 3.3(220) Eligible applicants 3.4(220) Approval contingent on continu­

. ity of local ordinances

CHAPTER 1 GENERAL

495-1.1 (220) Description of Iowa housing finance authority organization. The Iowa housing finance authority consists of nine members, appointed by the governor and confirmed by two-thirds of the members of the senate. A chairperson, vice-chairperson and treasurer are elected by the membership. Authority staff consists of an executive director, also appointed by the governor and confirmed by two-thirds of the members of the senate, and additional staff as approved by the authority.

This rule is intended to implement section 17 A.3(1) "a" of the Code.

495-1.2(220) General course and method of operations. Regular meetings of the authority shall be held on the third Thursday of each month at 8:30a.m. at Room 620, 418 Sixth Avenue, Des Moines, Iowa, unless another time and place of meeting is designated by resolution of the authority. If the meeting date coincides with a legal holiday, it shall be held on the next succeeding business day. The purposes of such meetings shall be to review progress in implementation and administration of authority programs, to consider and act upon proposals for authority assistance, to establish policy as needed, and take other actions as necessary and appropriate.

This rule is intended to implement section 17 A.3(1) "a" of the Code.

495-1.3(220) Location where public may submit requests for assistance or obtain information. Requests for assistance or information should be directed to Iowa Housing Finance Authority, Room 620, 418 Sixth Avenue, Des Moines, Iowa 50309, telephone 515/281-4058. Requests may be made personally, by phone, mail or any other medium available, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday. Special arrangements for accessibility of authority at other times will be provided as needed.

This rule is intended to implement section 17 A.3(1) "a" of the Code.

Ch 1, p.2 Housing Finance Authority[495] lAC 6/1177

495-1.4(220) Petition to promulgate, amend or repeal a rule. An interested person or legal entity may petition the authority requesting promulgation, amendment or repeal of a rule. Such petition shall be in writing, signed by or on behalf of the petitioner and shall contain a statement of:

1. The rule sought to be promulgated, amended or repealed. A rule proposed to be amended shall be stated in full with proposed deletion enclosed in brackets, and proposed additions underlined.

2. Factual rationale for the proposed action. 3. Any propositions of law to be asserted. 4. Factual account of impact on petitioner, of proposed action. 5. Name and address of petitioner and any other person or entity known to be interested

in the rule sought to be adopted, amended or repealed. The petition should be typed or printed, and captioned BEFORE THE lOW A

HOUSING FINANCE AUTHORITY, and shall be deemed filed when received by the executive director. Upon receipt of the petition, the executive director shall:

1. Within ten days, mail a copy of the petition to any parties named therein. Such petition shall be deemed served on the date of mailing to the last known address of the party being served.

2. Submit petition to authority at the next regularly scheduled meeting, with recommended action.

3. Within sixty days after the date of receipt of petition, either deny the petition or initiate rulemaking proceedings in accord with chapter 17 A.

In the event of a denial of a petition, the authority shall issue an order setting forth the reasons in detail for denial of the petition. The order shall be mailed to the petitioner and all other persons upon whom a copy of the petition was served.

This rule is intended to implement sections 17 A.4 and 17 A. 7 of the Code.

495-1.5(220) Request for oral presentation concerning Intended rulemaking. Twenty-five interested persons, a governmental subdivision, the administrative rules review committee, an agency, or an association having not less than twenty-five members may make written request for oral presentation concerning an intended rulemaking. Such request shall state:

1. Name, address and telephone number of each person or agency party to the request. 2. The number and title of the proposed rule as given in the notice of intended

rulemaking. 3. The general content of the oral presentation. Receipt and acceptance of such requests shall be promptly acknowledged by the

authority. Not less than twenty days after publication of notice of intended rulemaking, the authority shall allow oral presentations as requested, at the time when, and the place where stated in the publication of notice of intended rulemaking.

This rule is intended to implement section 17A.4(1)"b" of the Code.

495-1.6{220) Declaratory rulings. The authorit'J shall provide declaratory rulings as to applicability of any statutory provision, rule or other written statement of law or policy, decision or order when petitioned to do so by the public where, in the judgment of the authority, it is necessary or helpful for them to conduct their affairs in accordance with the law.

Requests for declaratory rulings shall be made to the executive director in writing. Within thirty days after submission of a request for declaratory ruling, the authority shall

issue a ruling on the rule, statute or policy in question. Such ruling shall be in writing. The authority may decline to rule when, in the judgment of the authority, such ruling

would be beyond the authority's realm of authority, when no clear answer is determinable, or when the issue presented is pending resolution by a court of Iowa or by the attorney general.

This rule is intended to implement section 17 A. 9 of the Code.

lAC 3/18/81 Housing Finance Authority[495] Ch 2, p.2

This rule is intended to implement sections 220.12; 220.14; 220.17(3); 220.18(2); 220.20; ~ 220.21 of the Code.

495-2.7(220) Delinquency and foreclosure. Before the ninetieth day following the due date of the earliest unpaid installment of an authority. mortgage loan, the administrative agent shall recommend either foreclosure or other appropriate servicing action based on the particular circumstances of each mortgage. The authority, upon determination that no other course of action will cure the delinquency, may direct the administrative agent to promptly initiate foreclosure proceedings.

This rule is intended to implement sections 220.4(1) of the Code.

495-2.8(220) Application processing. Procedures, instructions and guidelines for receipt and processing of applications for authority mortgage loans and temporary loans, and other actions necessary or desirable for implementation and administration of the authority's programs may be established and modified from time to time by the executive director, with the approval thereof by the authority, at all times consistent with the Act and these rules.

This rule is intended to implement section 17 A.J(l)" b" of the Code.

495-2.9(220) Mortgage purchase or loans to lenders for existing, newly bullt slngle-famlly or multlfamUy housing-general Information. For the purpose of providing permanent mortgage loans for purchase or refinance of existing or newly built single-family or multi­family housing, the authority may provide loan funds to a mortgage lender either by a loan to such lender, or by authority purchase, or advance commitment to purchase a mortgage from a mortgage lender.

This subrule is intended to implement sections 220.20 and 220.21 of the Code. 2.9(1) Eligible recipients. Families who are of low and moderate income. This subrule is intended to implement section 220.20(2) of the Code. 2.9(2) Applicability to authority programs. The authority may, by means of a loan to a

mortgage lender, or purchase of a mortgage from a mortgage lender, provide permanent mortgage loans for special needs housing, area preservation, or refinance of Iowa home­steading loans.

This subrule is intended to implement section 220.20(1) of the Code. 2.9(3) Application procedure for mortgage lenders. Specific instructions concerning

application procedures will be contained in the authority's processing procedures, instructions and guidelines promulated pursuant to 2.8(220).

This subrule is intended to implement section 220.22(1) of the Code. 2.9(4) Allocation of bond proceeds among mortgage lenders. The authority may allocate

bond proceeds in principal amounts and at rates of interest among mortgage lenders on the basis of the total amount of funds available, the amount of funds and interest specified in the individual request of each mortgage lender, and the ability in the judgment of the authority, of each mortgage lender to fully utilize the funds for the purposes intended.

This subrule is intended to implement sections 220.22(3) and 220.22(4) of the Code. 2.9(5) Discount of authority loans. In order to attain consistency between interest on

authority obligations and on authority loans to lenders or mortgages purchased, the authority may, by means of discount of loan principal or mortgage purchase price, adjust the effective yield of such loans or mortgages purchased.

This subrule is intended to implement section 220.22(6) of the Code. 2.9(6) Procedures for commitment and disbursement by mortgage lenders with respect

to new mortgage loans as a result of an authority loan or mortgage purchase. Specific instructions concerning procedures for commitment and disbursement by mortgage lenders will be contained in the authority's processing procedures, instructions and guidelines pro­mulgated pursuant to 2.8(220).

Ch 2, p.3 Housing Finance Authority [495] lAC 3/18/81

495-2.10(220) Assumption of mortgages. Where such permission is required or contem- \...! plated by the mortgage documents, the Iowa housing financing authority will grant written per-mission for a subsequent buyer of a home financed by an IHFA mortgage to assume the out-standing mortgage loan if all of the conditions established in these rules are met.

2.10(1) Eligible assumptors. The 5uyer or buyers meet all of the requirements for an eligi­ble mortgagor under IHF A guidelines relating to mortgages issued under a particular series of bonds. The eligibility conditions to be met shall include the following:

a. Income limits. b. Requirement to occupy the property as the primary residence. c. Other limits established by IHF A for a particular series of mortgage loans. 2.10(2) Rate of prepayments. The prepayments received by the Iowa housing finance

authority for a given series of mortgages must equal or exceed the rate of prepayments that was anticipated in structuring the principal repayment dates and amounts for that series of bonds. ~

This rule is intended to implement sections 220.22 and 220.38, The Code. [Filed 5/11177, Notice 4/6/77-published 6/1/77, effective 7/6/77]

[Filed 3/4/81, Notice 12/10/80-published 3/18/81, effective 4/22/81]

lAC 3/22/78 Housing Finance Authority[495] Ch 3, p.1

CHAPTER 3 lOW A HOMESTEADING PROGRAM

495-3.1(220) General information. The authority may upon written request of a city council or county board of supervisors, designate an existing or proposed residential rehabilitation program as an Iowa homesteading program. Such designation shall be subject to a commitment on the part of the requesting governmental body, to fulfill all statutory criteria for an Iowa homesteading program. Such designation does not constitute a commitment of financial assistance by the authority. Notwithstanding, such designation must be made before financial assistance may be sought from the authority for an Iowa homesteading program. Such designation shall be made on the basis of the overall program and not on individual properties in the program, and the authority shall not be liable for property damage, personal and financial loss or injury sustained by any person or agency in connection with an approved program.

This rule is intended to implement section 220.14(4) of the Code.

495-3.2(220) Program eligibility criteria. Prior to approving any local ordinance relating to locally originated, sponsored, and funded urban homesteading programs, the authority shall determine that the ordinance defining and creating its program meets all statutory criteria of section 220.14(4) Code of Iowa, and in addition meets the following require­ments:

1. The requesting governing body shall agree to report to the authority quarterly on rehabilitation progress on an individual property basis. The authority may recommend removal of individual properties from designation upon determination that rehabilitation is not progressing in accordance with terms of the original commitment made by the requesting governmental body.

2. The requesting governing body shall inspect each property designated for homestead­ing before occupancy by the homesteader and determine that no building or health code violations exist which would constitute a major health or safety hazard.

This rule is intended to implement sections 220.14(4)"a"(l-5) of the Code.

495-3.3(220) Eligible applicants. Any family as defined in these rules may apply to the requesting governmental body for assistance under an Iowa homesteading program. The members of such family that are designated grantees in the conditional and subsequent fee simple conveyance of real property in connection with an Iowa homesteading program shall have reached the age of majority and be U. S. citizens or registered aliens.

This rule is intended to implement section 220.14(4) "b" of the Code.

495-3.4(220) Approval contingent on continuity of local ordinances. Any approval ~ granted by the authority of a local urban homesteading program may be revoked by the

authority if the local governmental unit shall revoke or amend its ordinances in such a way that its program no longer conforms to the requirements for a local urban homesteading project.

This rule is intended to implement section 220.14(4) of the Code. [Filed 3/3/78, Notice 11/30/77-published 3/22/78, effective 4/26/78]

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IAC7/23/80 Social Services[770] Ch 64, p.1

d. Transportation of the body from the place of death to the place of interment. However, transportation from the place of death to the place where thf(, child lived prior to his removal from the place for hospitalization or medical treatment at the time of terminal illness shall not be considered a part of the burial costs.

e. Cremation. f. Services of a second funeral director. 56.3(4) Additional benefits. The cost of the following goods and services shall also be

included within the two hundred fifty doiiar statutory maximum except when they were available prior to death. or are furnished by friends or relatives who do not have a legal liability to support the child.

a. Clothing. b. Burial lot. c. Opening and closing the grave. d. Clergyman's fee. e. Music. f. Flowers.

*g. Automobiles furnished for the burial procession. h. Gravemarker or headstone. This rule is intended to implement sections 239.9 of the Code.

770-56.4((239, 249) Claim. The vendor's claim for burial services shall be filed within ninety days of the date of interment at the office of the county department of social services ·on forms provided by the department. When more than one individual or firm has rendered service in caring for or burying the body of the deceased, the claim shall be submitted and signed by only one individual or firm, who shall be responsible for reimbursing the other par­ties involved.

770-56.5(239,249)t Payments between July 1, 1979 and June 30, 1981. Notwithstanding the maximum amounts in these rules which limit payment for funerals, between July 1, 1979 and June 30, 1981 the department shall pay not more than four hundred dollars toward the cost of a funeral when the conditions specified in Acts of the Sixty-eighth General Assembly, 1979 Session, H.F. 755, section 25, are met.

This rule is intended to implement Acts of the Sixty-eighth General Assembly, 1979 Ses-sion, H.F. 755, section 25.

[Filed May 3, 1974) [Filed 2/25/77, Notice 1/12/77-published 3/23/77, effective 4/27 /77]

[Filed emergency 6/28/78-published 7/26/78, effective 7 /1/78] [Filed emergency 6/26/79-published 7/25/79, effective 7/1179]

[Filed 12/5/79, Notice 10/3/79-published 12/26/79, effective 2/1180]

CHAPTERS 57 to 63 (Ch 58, 1973 IDR, renumbered as Ch SS)

Reserved

CHAPTER 64 RELIEF FOR NEEDY INDIANS

70-64.1(252)t Relief for Indians. The program of relief for needy Indians provides for the state department of social services, upon authorization of the tribal council of the settlement in Tama county, to order the state comptroller to write warrants, in favor of an Indian residing on the settlement for those items designated by the department of social services. Warrants may also be issued to meet special needs when recommended by the tribal council and approved, on an individual basis, by the state department of social services.

This rule is intended to implement section 252.43, The Code.

40bjection, see filed rules published lAC Supp. 3/23n7, Sl4m tEmergency, pursuant to section 17 A.S(2) "b "(2), The Code.

Ch 64, p.2 Social Services[770] lAC 3/18/81

770-64.2(252) Eligibility requirements. 64.2(1) Determi~Jing amount of assistance. The standards used in the aid to dependent

children program shall be used for those items for which provision is made through the program of relief for needy Indians.

64.2(2) Need. Need exists when an applicant lacks sufficient income and resources to meet established requirements.

64.2(3) Age. There are no age limitations. 64.2(4) Resources and i11come. See rules 41.1(1) and 41.2 (aid to dependent children). 64.2(5) Support from relatives. Responsible relatives shall be interviewed at the time of

application and review. Any contribution made by the relative shall be taken into consideration in determining the amount of the grant.

64.2(6) Applications. See rules contained in chapter 40 (aid to dependent children). 64.2(7) Investigations. See rules contained in chapter 40 (aid to dependent children). 64.2(8) Payment. Payment shall be made directly to the vendor by the state department

of social services for goods or services provided. 64.2(9)* Limitations on expenditures. The state department shall notify the tribal council,

each month, of funds available for that month. The tribal council may not issue orders in ex­cess of such amount.

64.2(10) Review. A review of cases receiving assistance on a regular basis shall be made as frequently as the circumstances require but in no instance shall the period of time between reviews be in excess of six months. In cases where temporary assistance is granted in emergencies the situation should be evaluated at any time additional assistance is requested.

This rule is intended to implement section 252.43, The Code [Filed December 19, 1961]

[Filed 11125/75, Notice 10/6/75---published 12/15/75, effective 1/19/76] [Fjled without notice 12/17/76--published 1/12/77, effective 2/16/771

[Filed emergency 6/30/80-published 7/23/80, effective 7/1/80]

TITLE VII

FOOD STAMP PROGRAM

CHAPTER 65 ADMINISTRATION

770-65.1(234) Definitions • .. Project area" means the state of Iowa as a whole is the adminis­trative unit for food stamp program operations.

770-65.2(234) Application. Persons in need of food stamps may apply at the local office of social services by completing form FP-2101-0, food stamps application, except when any per­son in the household is applying for or receiving aid to dependent children. Such persons shall complete form PA-2207-0, Application for Aid to Dependent Children, or form PA-2227-5. Aid to Dependent Children Review, as appropriate.

770-65.3(234)'* Administration of program. The food stamp program shall be administered in accordance with the Food Stamp Act of 1977 and in accordance with federal regulation, Title 7, Parts 270 through 282 as amended to January 6, 1981.

A copy of such federal law and regulations may be obtained at no more than the actual cost of reproduction by contacting the Director of Food Programs, Department of Social Services, Hoover State Office Building, Des Moines, Iowa 50319, 515/281-3573.

770-65.4(234) Issuance. All food stamp coupons are issued by direct mail except for expedited service, exchange for improperly manufactured or mutilated coupons, and exchange of old series ~....../ coupons for new series coupons. These coupons are issued over-the-counter by local offices. Food coupons for on-going certifications will be mailed on a staggered basis during the first fifteen days of each month.

•Emergency pursuant to §17A.5(2) .. b"(2), The Code.

\..,1

lAC 5/28/80 Social Services(770] Ch 65, p.2

65.4(1) When a household's coupons have been replaced as the result of mail losses for two consecutive months, the coupons shall be mailed to the local office for six months.

65.4(2) When a household reports a shortage in its mail issuance, the household shall pre­sent the coupon books received to the local office for examination.

65.4(3) When a household presents $200 or more of old series coupons to be exchanged for new series coupons, the household shall sign a statement that the coupons were validly purchased by the household, telling the approximate dates of purchase, and giving the reasons for the accumulation and the delay in presenting them for exchange.

770-65.5(234) Hotline. Persons having complaints or questions about program re­quirements and procedures may call the toll free number 1-800/532-1215.

770--65.6(234) Delays in certification. 65.6(1) When by the thirtieth day after the date of application the local office cannot take

any further action on the application due to the fault of the household, the local office shall give the household an additional thirty days to take the required action. The local office shall send the household a notice of pending status on the thirtieth day.

65.6(2) When there is a delay beyond sixty days from the date of application and the local office is at fault and the application is complete enough to determine eligibility, the applica­tion shall be processed. For subsequent months of certification, the local office may require a new application form to be completed when household circumstance indicates changes have occurred or will occur.

65.6(3) When there is a delay beyond sixty days from the date of application and the local office is at fault and the application is not complete enough to determine eligibility, the ap­plication shall be denied. The household shall be notified to file a new application and that it may be entitled to retroactive benefits.

770-65. 7(234) Expedited service. When a household have been certified under expedited service provisions and verification of eligibility factors has been postponed, the household shall be certified only for the month of application.

770-65.8(234) Utility allowance. When determining food stamp benefits, each household shall be allowed the standard utility allowance or the actual expense of the utility when the actual ex­pense is higher. The standard utility allowance is:

Household Heating/ Cooking Water/ Garbage/ Size Cooling Fuel Electricity Sewer Trash

1 $55.30 $ 8.40 $24.40 $ 7.80 $4.10 2 57.50 8.80 26.20 8.20 4.30 3 59.70 9.20 28.00 8.60 4.50 4 61.90 9.60 29.80 9.00 4.70 5 64.10 10.00 31.60 9.40 4.90 6 66.30 10.40 33.40 9.80 5.10

7ormore 68.50 10.80 35.20 10.20 5.30

65.8(1) The household may switch between the standard and actual expense any number of times during the certification period.

65.8(2) When a household is receiving telephone service for which it is required to pay, it shall be allowed a standard allowance of $10.

770--65.9(234) Treatment centers. Alcoholic or drug treatment or rehabilitation centers shall ~ provide the local office with a certified list of residents currently participating in the food stamp

program on a monthly basis.

Ch 65, p.3 Social Services [770] lAC 3/18/81

770-65.10(234) Change report form. Households may report changes on the Change Report Form, FP-2232-0. Households are supplied with this form at the time of initial certification, at the time of recertification when it needs a new form, whenever a form is returned by the household, and upon request by the household.

770-65.11(234) Discrimination complaint. Individuals who feel that they have been subject to discrimination may file a written complaint with the Affirmative Action Office, Department of Social Services, Hoover State Office Building, Des Moines, Iowa 50319.

770-65.12(234) Appeals. Fair hearings and appeals are provided according to the department's rules 770-chapter 7.

770-65.13(234)* Joint processing. The department will handle joint processing of supple-mental security income and food stamp applications by having the social security administra- \,...1 tion complete and forward food stamp applications.

These rules are intended to implement sections 217.6 and 234.12, The Code.

[Filed 2/25/72; amended 4/7 /72] [Filed 2/19/76, Notice 1/12/76-published 3/8/76, effective4/12/76] [Filed 6/10/77, Notice 5/4/77 -published 6/29/77, effective 8/3/77]

[Filed emergency 3/6/79-published 4/4/79, effective 3/6/79] [Filed 8/2/79, Notice 4/4/79-published 8/22/79, effective 9/26/79]

[Filed emergency 8/2/79-published 8/22/79, effective 8/2/79] [Filed emergency 12/7/79-published 12/26/79, effective 111180] [Filed emergency 1/23/80-published 2/20/80, effective 1123/80] [Filed 5/5/80, Notice 3/5/80-published 5/28/80, effective 7 /2/80]

[Filed emergency 6/ 4/80-published 6/25/80, effective 6/ 4/80] ~ [Filed emergency 6/30/80-published 7/23/80, effective 6/30/80] [Filed emergency 8/29/80-published 9/17/80, effective 8/29/80]

[Filed emergency 12/19/80-published 1/7/81, effective 111181] [Filed emergency 2/27 /81-published 3/18/81, effective 2/27/81]

CHAPTERS 66 to 68 Rescinded, effective 4/12/76

•Emergency, pursuant to §17A.5(2)"b"(2), The Code.

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IAC3/19/80 Transportation [820] [07 ,C) Ch 14, p.3

depositor at the time the deposit is received. The receipt must be surrendered at the time request is made for a refund.

14.4(4) Security disposition. a. Security is held by the state treasurer and can be released only for payment of a

judgment or as otherwise provided in section 321A.10 or by a court "Order for Release of Security", Form SR-17, or by "Assignment and Release", Form SR-45.

b. The security can be refunded at any time as follows: (1) When compliance as provided in 14.4(5) is presented to the office of driver license;

or (2) When Form 433007, "District Court Affidavit", submitted to the clerk of the district

court of the county where the accident occurred is certified by said clerk to the effect that no action has been initiated or judgment taken and this certification is returned to the office of the driver license.

14.4(5) Exceptions to requirement of security. Compliance can be shown as follows: general releases, agreement releases, confession of judgment, accord and satisfaction, covenant not to sue, no-fault or no reasonable possibility of judgment, adjudication nonliability, and discharge in bankruptcy.

a. General releases. "General Release", Form SR-42 will be mailed to the person who has not shown compliance. The form can also be obtained from the Office of Driver License, Lucas Building, Des Moines, Iowa. The signature of the party giving the release must be notarized or witnessed by a disinterested witness. The release must be accompanied by a power of attorney or subrogation authority if signed by a party other than the party sustaining damage or injury.

b. Agreement releases. "Agreement Release", Form SR-44 is available from the Office of Driver License, Lucas Building, Des Moines, Iowa. The form must be complete, including the total amount of settlement agreed upon by the parties involved. The agreement must include a release of liability upon fulfillment of payment. The signatures of all parties to the agreement must be notarized. A power of attorney or subrogation authority must accompany the release if the release is signed by someone other than the damaged or injured parties. Compliance will be credited only to parties who have agreed to make payment and whose signatures appear on the agreement release.

c. Confession of judgment. A court certified copy of a confession of judgment including the payment schedule agreed to by the parties is acceptable compliance. No specific form is provided by the office of drivers license.

d. Accord and satisfaction can be shown by any form of documentation that one party to an accident or their insurance carrier has accepted the liability for an accident and has compensated the other party to the accident for their damages and injuries, but will not serve as compliance for third parties.

e. Covenant not to sue. A covenant not to sue can be giy_en to a party to an accident as compliance by another party to the accident when a release would ·damage any claim against a third party.

f. No-fault or no reasonable possibility of judgment. Security cannot be required of a person if there is no reasonable possibility that judgment could be rendered against such person. Freedom from fault or immunity from judgment is acceptable compliance when presented in the following manner:

(1) The investigating officer's report of the accident indicates the other driver caused the accident.

(2) The other driver admits causing the accident. (3) Witness statements indicates the other driver caused the accident. (4) Record of conviction of the other driver for a violation which caused the accident. g. Adjudication nonliability can be shown by a certified copy of a final court judgment

rendered in a civil damage action resulting from the accident favoring the uninsured. h. Discharge in bankruptcy. Security cannot be required of any person when all possible

claims against the person arising from the accident have been discharged in bankruptcy. To

[07,C] Ch 14, p.4 Transportation[820] lAC 117/81, 3/18/81

establish this exception, the person must furnish the department with a copy of the petition for bankruptcy. All possible claims or debts resulting from the accident must be scheduled in the petition.

14.4(6) Owner exceptions-requirements. a. An owner can be excepted from the security requirements if the vehicle was being used at

the time of an accident without the owner's consent. The owner may qualify for this exception if the police report indicates the vehicle was stolen, or if the driver was convicted of operating without the owner's consent. In the absence of such police report or conviction, the owner may furnish a sworn affidavit that the vehicle was operated without permission or the owner may furnish affidavits of witnesses that the driver had been denied use of the vehicle.

b. Ifthe owner had sold the vehicle but the title was not transferred when the accident oc­curred, an "Affidavit of Buyer-Seller", Form SR-122, is furnished by the department and must be completed by the buyer and seller with signatures notarized or attested to by an of­ficer of this department and filed with this department. A sworn affidavit by the owner and witnesses to the sale that the vehicle had been sold can be furnished in lieu of Form SR-122. The affidavit must include a description of the vehicle, the date of the sale, the date of inspec­tion, the inspection certificate number, the monetary consideration, facts concerning the assignment of title and delivery of possession, and the names of witnesses to the sale.

c. Ownership transferred by operation of law can be shown by furnishing certified copies of any court order by which ownership of a veicle was awarded to another party.

820-[07 ,C]l4.5(321A) Judgments. A suspension of license and registrations is required upon receipt of a certified copy of a judgment which has remained unsatisfied for at least sixty days.

14.5(1) Suspension provisions. "Suspension Notice", Form 431010, is mailed to the judg­ment debtor by restricted certified mail and requires a return receipt signed by the addressee. If the notice cannot be served by mail, it must be served as provided by rule 820-[07 ,C) 13.21(321). The suspension is effective upon receipt and notifies the person that the privilege to operate and register vehicles is suspended until the judgment is satisfied and proof of finan­cial responsibility is shown. The notice informs the recipient where to surrender driver license and registrations. The reverse side of the notice provides the methods by which proof of finan­cial responsibility can be shown and which is described in 14.6(321A).

14.5(2) Suspension-exceptions. a. Creditors consent. The judgment debtor may request permission from the judgment

creditor to have license and registrations while paying the judgment. If the creditor will consent in writing, license and registrations will be issued to the ·debtor provided proof of financial responsibility is shown. Withdrawal of consent by the creditor requires a new suspension of license and registrations as provided in 14.5(1).

(1) "Agreement and Release", Form SR-44 is acceptable to the department when completed with signatures of the debtor and creditor or their attorneys notarized.

(2) A letter to the department from the creditor or his attorney consenting to the issuance of license and registrations to the debtor will be accepted.

b. Satisfaction of judgment. The judgment suspension will be terminated when the debtor obtains a certificate of satisfaction or receipt for payment of the judgment and presents such evidence of satisfaction to the department and files proof of financial responsibility.

c. Discharge in bankruptcy. A discharge of the judgment debt shall serve to terminate the suspension. The debtor must furnish a copy of the petition for bankruptcy, which must include the judgment debt.

d. Court order for installment payments. The suspension will be terminated when the debtor presents an order from the court which authorizes payment of the judgment in installments, and files proof of financial responsibility. A suspension, as provided in