Iowa Administrative Code › Agency 193G - Interior Design Examining Board › Chapter 6 - Disciplinary Investigations › Rule 193G-6.8 - Investigation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Disciplinary committee.
The board chairperson may annually appoint, as needed, two to three members of
					the board to serve on the board's disciplinary committee to review and process
					disciplinary complaints. The disciplinary committee is a purely advisory body
					which shall review complaint files referred by the board administrator,
					generally supervise the investigation of complaints, and make recommendations
					to the full board on the disposition of complaints. Members of the committee
					shall not personally investigate complaints, but they may review the
					investigative work product of others in formulating recommendations to the
					board.
(2)
Committee
					screening of complaints.
Upon the referral of a complaint from the
					board's executive officer or from the full board, the committee shall determine
					whether the complaint presents facts which, if true, suggest that a registrant
					may have violated a law or rule enforced by the board. If the committee
					concludes that the complaint does not present facts which suggest such a
					violation or that the complaint does not otherwise constitute an appropriate
					basis for disciplinary action, the committee shall refer the complaint to the
					full board with the recommendation that the complaint be closed with no further
					action. If the committee determines that the complaint does present a credible
					basis for disciplinary action, the committee may either immediately refer the
					complaint to the full board recommending that a disciplinary proceeding be
					commenced or initiate a disciplinary investigation.
(3)
Committee procedures.
If
					the committee determines that additional information is necessary or desirable
					to evaluate the merits of a complaint, the committee may assign an investigator
					or expert consultant, appoint a peer review committee, provide the registrant
					an opportunity to appear before the disciplinary committee for an informal
					discussion as described in rule
					193G-6.9 (17A,272C,544C), or
					request board staff to conduct further investigation. Upon completion of an
					investigation, the investigator, expert consultant, peer review committee or
					board staff shall present a report to the committee. The committee shall review
					the report and determine what further action is necessary. The committee may:
a. Request further investigation.
b. Determine there is not probable cause to
					believe a disciplinary violation has occurred and refer the case to the full
					board with the recommendation of closure.
c. Determine there is probable cause to
					believe that a law or rule enforced by the board has been violated, but that
					disciplinary action is unwarranted on other grounds, and refer the case to the
					full board with the recommendation of closure. The committee may also recommend
					that the registrant be informally cautioned or educated about matters which
					could form the basis for disciplinary action in the future.
d. Determine there is probable cause to
					believe a disciplinary violation has occurred, and refer the case to the full
					board with the recommendation that the board initiate a disciplinary proceeding
					(contested case).