Coordination of public transit services, amendments to ch 910
Notice of Intended Action
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 307.12, 307A.2 and 324A.5, the Iowa Department of Transportation hereby gives Notice of Intended Action to amend Chapter 910, "Coordination of Public Transit Services," Iowa Administrative Code.
The proposed amendments to this chapter:
●Amend the definition of "department" to remove an obsolete division name.
●Amend the definition of "incidental transportation" to reflect Federal Transit Administration terminology.
●Amend the definition of "public transit service" to:
oAdd the word "exclusive" before "public school transportation" to indicate school transportation provided during open-to-the-public service is allowable while closed "exclusive" school transportation is not.
oUpdate the list of state institutions which provide their own on-campus transportation, which is not considered a public transit service.
●Rescind the definition of "public transit system" since this definition is already included in Iowa Code section 324A.1. Rule 761—910.1(324A) already states that the definitions in Iowa Code section 324A.1 apply to these rules.
●Update the contact information to correct an office name and add the Department's website address.
●Update language throughout the chapter to remove obsolete office and division names.
●Change how often the Statewide Transportation Coordination Advisory Council must meet from monthly to quarterly to give the Council greater flexibility to meet when needed, rather than meeting monthly without a full agenda.
●Make editorial corrections for readability.
●Correct references to Iowa Code section 324A.5(3) since this section was renumbered.
●Remove a reference to Iowa Code section 17A.18 since this section concerns licenses and is not pertinent to this chapter.
These rules do not provide for waivers. Any person who believes that the person's circumstances meet the statutory criteria for a waiver may petition the Department for a waiver under 761—Chapter 11.
Any person or agency may submit written comments concerning these proposed amendments or may submit a written request to make an oral presentation. The comments or request shall:
1.Include the name, address, and telephone number of the person or agency authoring the comments or request.
2.Reference the number and title of the proposed rule, as given in this Notice, that is the subject of the comments or request.
3.Indicate the general content of a requested oral presentation.
4.Be addressed to Tracy George, Rules Administrator, Iowa Department of Transportation, Strategic Communications and Policy, 800 Lincoln Way, Ames, Iowa 50010; email: firstname.lastname@example.org.
5.Be received by the Department's rules administrator no later than January 23, 2018.
A meeting to hear requested oral presentations is scheduled for Thursday, January 25, 2018, at 8 a.m. in the Administration Building, First Floor, North Conference Room, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa.
The meeting will be canceled without further notice if no oral presentation is requested.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code sections 324A.4 and 324A.5.
The following amendments are proposed.
Item 1. Amend rule 761—910.1(324A), definitions of "Department," "Incidental transportation" and "Public transit service," as follows:
"Department" means the state department of transportation. The department's office of public transportation of the air and transit division of the department transit administers Iowa Code chapter 324A.
"Incidental transportation" means transportation provided by an agency or entity when the driver must provide supervision, educational assistance or other support enroute and at the origin or destination. Transportation used merely to access other services is not incidental the provision of transit rides when existing public transportation services cannot meet demand. Allowable charter service and meal deliveries are examples of incidental transportation.
"Public transit service" means any publicly funded passenger transportation for the general public or for specific client groups not including exclusive public school transportation, emergency transportation or incidental transportation or transportation provided by the state department of human services or state department of corrections on the grounds of the following institutions:
State juvenile home, Toledo;
State training school, Eldora;
Cherokee mental health institute;
Clarinda mental health institute;
Independence mental health institute;
Mount Pleasant mental health institute;
Glenwood state hospital-school;
Woodward state hospital-school;
Iowa veterans home, Marshalltown;
Iowa state penitentiary, Fort Madison;
Iowa state men's reformatory, Anamosa state penitentiary, Anamosa;
Iowa correctional institution for women, Mitchellville;
Medium security unit, Mount Pleasant correctional facility, Mount Pleasant;
Riverview release center, Newton correctional facility, Newton;
Iowa medical and classification center, Oakdale Coralville;
North central correctional facility, Rockwell City;
Fort Dodge correctional facility, Fort Dodge;
Correctional treatment unit, Clarinda correctional facility, Clarinda.
Item 2. Rescind the definition of "Public transit system" in rule 761—910.1(324A).
Item 3. Amend rule 761—910.2(17A) as follows:
761—910.2(17A) Information and location. Requests for forms Forms or information about the coordination of public transit services shall be addressed to: are available from the Office of Public Transportation, Air and Transit Division Transit, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; telephone (515)233-7870 or on the department's website at www.iowadot.gov.
This rule is intended to implement Iowa Code section 17A.3.
Item 4. Amend paragraph 910.3(2)"c" as follows:
c. Staff. Staff support for council activities shall be provided by the department's office of public transportation department.
Item 5. Amend paragraph 910.3(2)"d" as follows:
d. Meetings. Meetings shall be held at least once each month quarter and may be held more frequently if necessary to enable the council to expeditiously discharge its duties.
Item 6. Amend paragraph 910.3(3)"d" as follows:
d. Advise and make recommendations to the department's office of public transportation department concerning public transportation policy.
Item 7. Amend paragraph 910.4(4)"b" as follows:
b. Forms submitted directly to the department by its recipients or by providers not receiving state or state-administered funds shall be reviewed for completeness by the office of public transportation transit within 10 working days.
Item 8. Amend paragraph 910.5(2)"b" as follows:
b. Operates all services open to the public under contract with and under control of a designated transit system, or
Item 9. Amend subrule 910.7(1) as follows:
910.7(1) If the department of human services purchases services from the noncompliant provider, the department's office of public transportation transit shall notify the department of human services of the noncompliant finding.
Item 10. Amend subrule 910.7(2) as follows:
910.7(2) If the noncompliant provider is a recipient of public funds from other than the department of human services, the department's office of public transportation department shall notify the proper authority as required in Iowa Code subsection 324A.5(3) section 324A.5.
Item 11. Amend rule 761—910.8(17A,324A) as follows:
910.8(1) If certification is revoked, the air and transit division department shall send a written notice of revocation to the provider.
910.8(2) The affected public transit system, the provider and the air and transit division department shall meet within 10 days after the date of the revocation notice to determine an acceptable amendment of the transportation services. The amendments which are agreed upon shall become effective within 60 days. The contract between the provider and the affected public transit system shall be amended, if necessary, to agree with the service changes.
910.8(3) If the transportation services are not timely amended in a timely manner, the air and transit division department shall initiate actions as required in Iowa Code subsection 324A.5(3) section 324A.5(2).