Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 131 - Emergency Medical Services-providers-initial Certification-renewal and Reactivation-authority-complaints and Investigations › Rule 641-131.10 - Complaints, Investigations and Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) This rule is not subject to waiver
			 pursuant to 641-Chapter 178 or any other provision of law.
(2) All complaints regarding emergency
			 medical care personnel, training programs or continuing education providers, or
			 those purporting to be or operating as the same, shall be reported to the
			 department in writing. The address is Iowa Department of Public Health, Bureau
			 of Emergency and Trauma Services, Lucas State Office Building, Des Moines, Iowa
			 50319-0075.
(3) An emergency
			 medical care provider who has knowledge of an emergency medical care provider
			 or service program that has violated Iowa Code chapter 147A, 641-Chapter 132 or
			 these rules shall report such information to the department.
(4) Complaint investigations may result in
			 the department's issuance of a notice of denial, citation and warning,
			 probation, suspension or revocation.
(5) A determination of mental incompetence by
			 a court of competent jurisdiction automatically suspends a certificate for the
			 duration of the certificate unless the department orders otherwise.
(6) Notice of denial, issuance of a citation
			 and warning, probation, suspension or revocation shall be affected in
			 accordance with the requirements of Iowa Code section
			 17A.12.
			 Notice to the alleged violator of denial, probation, suspension or revocation
			 shall be served by certified mail, return receipt requested, or by personal
			 service.
(7) Any request for a
			 hearing concerning the denial, citation and warning, probation, suspension or
			 revocation shall be submitted by the aggrieved party in writing to the
			 department by certified mail, return receipt requested, within 20 days of the
			 receipt of the department's notice to take action. The address is Iowa
			 Department of Public Health, Bureau of Emergency and Trauma Services, Lucas
			 State Office Building, Des Moines, Iowa 50319-0075. If the request is made
			 within the 20-day time period, the notice to take action shall be deemed to be
			 suspended pending the hearing. Prior to or at the hearing, the department may
			 rescind the notice upon satisfaction that the reason for the denial, citation
			 and warning, probation, suspension or revocation has been or will be removed.
			 If no request for a hearing is received within the 20-day time period, the
			 department's notice of denial, citation and warning, probation, suspension or
			 revocation shall become the department's final agency action.
(8) Upon receipt of a request for hearing,
			 the department shall forward the request within five working days to the
			 department of inspections and appeals pursuant to the rules adopted by that
			 agency regarding the transmission of contested cases. The information upon
			 which the adverse action is based and any additional information which may be
			 provided by the aggrieved party shall also be provided to the department of
			 inspections and appeals.
(9) The
			 hearing shall be conducted according to the procedural rules of the department
			 of inspections and appeals found in 481-Chapter 10.
(10) When the administrative law judge makes
			 a proposed decision and order, it shall be served by certified mail, return
			 receipt requested, or delivered by personal service. That proposed decision and
			 order then becomes the department's final agency action without further
			 proceedings ten days after it is received by the aggrieved party unless an
			 appeal to the director is taken as provided in subrule 131.10(11).
(11) Any appeal to the director for review of
			 the proposed decision and order of the administrative law judge shall be filed
			 in writing and mailed to the director by certified mail, return receipt
			 requested, or delivered by personal service within ten days after the receipt
			 of the administrative law judge's proposed decision and order by the aggrieved
			 party. A copy of the appeal shall also be mailed to the administrative law
			 judge. Any request for an appeal shall state the reason for appeal.
(12) Upon receipt of an appeal request, the
			 administrative law judge shall prepare the record of the hearing for submission
			 to the director. The record shall include the following:
a. All pleadings, motions, and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings on them.
e. All proposed findings and exceptions.
f. The proposed decision and order
			 of the administrative law judge.