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Home My WebLink AboutA033 - Iowa Administrative Bulletin :, 16 � E �, 0 F ThrE IOWA [/ /WE PRIZE AR RIGMtS �� V E I I ,,S I, I 1^ ��' `E"SIE Wlll MA1 ♦Ip '� � T x ADMINIaT1UT-1V E ... _/ I BULLETIN Published Biweekly VOLUME XXIV NUMBER 3 August 8,2001 Pages 137 to 252 CONTENTS IN THIS ISSUE r Pages 149 to 250 include ARC 0836B to ARC 0878B ALCOHOLIC BEVERAGES DIVISION[1851 HUMAN SERVICES DEPARTMENT[4411 COMMERCE DEPARTMENT[18 1]"umbrella" Notice,Increase—state supplementary Notice, Licenses and permits—surety bond, assistance(SSA)residential care 4.23(4),5.9 ARC 0855B . . . . . . . . . . . . . . . . . . . . 149 facility(RCF)and in-home health related Notice,Dramshop liability insurance, care(IHHRC)reimbursement rates 5.8, 12.2(12) ARC 0854B . . . . . . . . . . . . . . . . . . . 149 and SSI cost-of-living adjustment, 52.1, 177.4 ARC 0840B . . . . . . . . . . . . . . . . . . . . . . . . . 176 ALL AGENCIES Notice,HAWK-I program,86.2 to 86.4, Schedule for rule making . . . . . . . . . . . . . . . . . . . . . 140 86.6(3),86.13(2), 86.15(9),86.17 Publication procedures . . . . . . . . . . . . . . . . . . . . . . . 141 ARC 0873B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Administrative rules on CD-ROM . . . . . . . . . . . . . . 141 Notice, Cost-of-living increase—statewide • Agency identification numbers . . . . . . . . . . . . . . . . . 147 average cost of shelter care, 150.3(5) CITATION OF ADMINISTRATIVE RULES . . . . . 146 ARC 0erge y, Increase—state to supplementary . . . . . . 179 Filed Emergency, Increase—state supplementary assistance(SSA)residential care CORRECTIONS DEPARTMENT[2011 facility (RCF)and in-home health related Filed,Jail facilities,amendments to ch 50 care(IHHRC)reimbursement rates ARC 0852B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 and SSI cost-of-living adjustment, Filed,Temporary holding facilities, 52.1, 177.4 ARC 0839B . . . . . . . . . . . . . . . . . . . . 237 amendments to ch 51 ARC 0853B . . . . . . . . . . . . 241 Filed, Modified price-based case-mix system— non-state-owned nursing facilities for EDUCATIONAL EXAMINERS BOARD[2821 Medicaid recipients,amendments to EDUCATION DEPARTMENT[28 I]"umbrella" chs 78 to 81 ARC 0841B 241 . . . . . . . . . . . . . . . . . . . Notice, Extension—time for initiation of an Filed,College graduates in social work— appeal or review on board's motion, specified services provided without experience 11.28 ARC 0875B . . . . . . . . . . . . . . . . . . . . . . . . . 152 requirement, 108.4(3), 185.10(1) ARC 0842B . . . 247 Notice,Application denial and appeal; Filed Emergency,Cost-of-living increase— denial of renewal application, 11.35, 11.36 statewide average cost of shelter care, ARC 0874B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 150.3(5) ARC 0844B . . . . . . 238 Filed Emergency,Licensure—fees, Filed,Rehabilitative treatment and supportive renewal,conversion, 14.101, 14.106, service(RTSS)providers—independent audit, 14.110 to 14.114, 14.116, 14.119 to 14.121, 185.102(4) ARC 0845B . . . . . . . . . . . . . . . . . . . . 247 14.129, 14.140 to 14.142, 15.1(1), 16.1, 17.1, 17.5, 17.6, 17.8, 18.1 to 18.3 ARC 876B . . . . . . . 222 INSPECTIONS AND APPEALS DEPARTMENT[4811 AND LAND Notice, Food establishment and food processing ENGINEERING LAND S EXAMINING AND ND plant—exemption of residence where honey "' `.• is stored, prepared,packaged, labeled or distributed, Professional Licensing and Regulation Division[193] p p p g ' 30.2,31.1(17)ARC 0871B . . . . . . . . . . . . . . . . . . 180 COMMERCE DEPARTMENT[l8l]"umhrella" to 7;adopt Notice, Extension—validity of temporary food Notice, Rescind chs 1 chs 1 to 13 ARC 0 to 7 154 service establishment license for temporary food service at a farmers market,30.4(7) . ARC 0836B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Notice, Hospitals—procedures for authentication of medication and standing orders by a practitioner,51.14 ARC 0869B . . . . . . . . . . . . . . 180 Continued on page 139 Y 240 FILED EMERGENCY IAB 8/8/01 SECRETARY OF STATE[721](cont'd) New rule 21.30(49) provides guidance for cities and ARC 0856B counties when one or more cities have annexed territory after • the date on which the geographic boundaries for the decen- nial census became final. Any changes in city boundaries af- ter January 1 of a year ending in zero are not included in the DEPARTMENT[761] official census data. However,the cities must include the re- cently annexed territory in the revised precinct and ward Adopted and Filed Emergency After Notice boundaries for the next ten years. This new rule provides in- Pursuant to the authority of Iowa Code sections 307.10 structions for determining the population of the annexed ter- and 307.12, the Department of Transportation on Jul 17 ter- ritory. P P Y , Notice of Intended Action was published in the Iowa Ad- 2001, adopted amendments to Chapter 163, "RISE Pro- ministrative Bulletin on June 13,2001,as ARC 0728B. No gram,"Iowa Administrative Code. one filed a request for a public hearing,and no one submitted Notice of Intended Action for these amendments was pub- any comments on the proposed rule. lished in the May 16,2001,Iowa Administrative Bulletin as This amendment is identical to that published under No- ARC 0662B. tice of Intended Action. All requirements related to the community builder pro- Pursuant to Iowa Code section 17A.5(2)"b"(2), this gram are being removed. Iowa Code section 15.308,which amendment became effective upon filing with the Adminis- established the program,was repealed in 1998. trative Rules Coordinator on July 20,2001. The Secretary of Five points will be awarded when evaluating a local de- State finds that this amendment confers a benefit upon the velopment project for the remediation or redevelopment of a public by providing a necessary procedure for cities with re- brownfield site. 2000 Iowa Acts,chapter 1101,section 6,re- cently annexed territory to accomplish the reprecincting pro- quires the Department to amend the rules for local develop- cess that must be completed by September 1,2001. ment projects under the RISE program to include a rating This amendment is intended to implement Iowa Code sec- factor for remediation or redevelopment of a brownfield site. These amendments do not provide for waivers. An per- This 49.3 and 49.5. P Y P This amendment became effective July 20,2001. son who believes that the person's circumstances meet the The following new rule is adopted. statutory criteria for a waiver may petition the Department b>✓C.• ( 1 2-0-00 for a waiver under 761—Chapter 11. 721-21.30(49) Inclusion of annexed territory in city re- Pursuant to Iowa Code section 17A.5(2)"b"(2), the De- precincting and redistricting plans. If a city has annexed partment finds that these amendments will confer a benefit territory after January 1 of a year ending in zero and before on all applicants for RISE funds by removing obsolete lan- the completion of the redrawing of precinct and ward bound- guage relating to the community builder program. The De- aries during a year ending in one,the city shall include the an- partment finds that these amendments will confer a benefit nexed land in precincts drawn pursuant to Iowa Code sections on local development project applicants whose projects in- • 49.3 and 49.5. volve the remediation or redevelopment of a brownfield site. 21.30(1) When the city council draws precinct and ward The rating scheme used to assess applications for local de- boundaries,if any,the city shall use the population of the an- velopment projects will include five points for remediation nexed territory as certified by the city to the state treasurer or redevelopment of a brownfield site. The Department also pursuant to Iowa Code section 312.3(4). finds that these amendments should be effective as soon as 21.30(2) When the board of supervisors,or the temporary possible so that applications received on or before Septem- county redistricting commission,draws precinct and county ber 1,2001,which is the deadline for the next round of ap- supervisor district boundaries, if any, it shall subtract from plications,will be evaluated using the revised rules. the population of the adjacent unincorporated area the popu- Accordingly, these amendments became effective July lation of the annexed territory as certified by the city to the 20,2001. state treasurer pursuant to Iowa Code section 312.3(4). These amendments are intended to implement Iowa Code 21.30(3) The use of population figures for reprecincting chapter 315 and 2000 Iowa Acts,chapter 1101,section 6. or redistricting shall not affect the official population of the EDITOR°S NOTE: Pursuant to recommendation of the city or the county. Only the U.S.Bureau of the Census may adjust the official population figures, by corrections or by Administrative Rules Review Committee published in the conducting special censuses. See Iowa Code section 9F.6. Iowa Administrative Bulletin,September 10, 1986,the text This rule is intended to implement Iowa Code sections of these amendments [163.1, 163.8(2), 163.9, 163.11(2)] is 49.3 and 49.5. being omitted. These amendments are identical to those pub- lished under Notice as ARC 0662B,IAB 5/16/01. [Filed Emergency After Notice 7/20/01,effective 7/20/01] [Filed Emergency After Notice 7/18/01,effective 7/20/011 [Published 8/8/Ol] [Published 8/8/01] EDITOR'S NOTE: For replacement pages for IAC, see IAC [For replacement pages for IAC, see IAC Supplement Supplement 8/8/01. 8/8/01.]