ARC 4126C

ARC 4126C

HUMAN SERVICES DEPARTMENT[441]

Notice of Intended Action

Proposing rule making related to juvenile detention reimbursement and providing an opportunity for public comment

The Human Services Department hereby proposes to amend Chapter 167, "Juvenile Detention Reimbursement," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 234.6.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 234.6.

Purpose and Summary

This proposed amendment adds clarity to Chapter 167 by defining who must complete the financial and statistical report required for juvenile detention reimbursement.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on December 11, 2018. Comments should be directed to:

Public Hearing

No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)"b," an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rule-making action is proposed:

Amend subrule 167.3(2) as follows:

167.3(2) The home submits the reports completed forms in paragraphs 167.3(2)"a" and 167.3(2)"b" by March 15 and the certified audit in paragraph 167.3(2)"c" by March 15 or within ten days of completion if after March 15 of the year following the conclusion of the state fiscal year for which reimbursement will be made:. The home shall have an independent certified public accountant or an independent accounting firm complete the financial and statistical report in paragraph 167.3(2)"b" and certify the fair presentation of the report. The preparer shall have the experience necessary to complete the report in accordance with generally accepted accounting principles (GAAP) and the instructions for completing the financial and statistical report.

a. No change.

b. A printed or An electronic copy of the department-authorized financial and statistical report for juvenile detention homes.

(1)Certification page.

(2)Schedule A, Revenue Report.

(3)Schedule C, Property and Equipment Depreciation and Related Party Property Costs.

(4)Schedule D, Expense Report.

c. A printed or An electronic copy of the home's certified audit containing financial information for the period for which reimbursement is being claimed.