reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.3 - License Application

Current through Register Vol. 47, No. 3, July 24, 2024
Unless an applicant for licensure petitions the board for an
				eligibility determination pursuant to rule
				657-31.4 (272C), the applicant's
				convictions will be reviewed when the board receives a completed license
				application.
(1)
Disclosure.
An applicant must disclose all convictions on a
			 license application. Failure to disclose all convictions is grounds for license
			 denial or disciplinary action following license issuance.
(2)
Submission of criminal record and
			 personal statement.
An applicant with one or more convictions shall
			 submit the complete criminal record for each conviction and a personal
			 statement regarding whether each conviction directly relates to the practice of
			 pharmacy in order for the license application to be considered
			 complete.
(3)
Submission of
			 evidence of rehabilitation.
An applicant must submit as part of the
			 license application all evidence of rehabilitation that the applicant wishes to
			 be considered by the board.
(4)
Board authority.
The board may deny a license if the applicant
			 has a disqualifying offense unless the applicant demonstrates by clear and
			 convincing evidence that the applicant is rehabilitated pursuant to Iowa Code
			 section
			 272C.15.
(5)
Licensure requirements.
An applicant with one or more disqualifying offenses who has been found
			 rehabilitated must still satisfy all other requirements for
			 licensure.
(6)
Nonrefundable fees.
Any application fees paid will not be
			 refunded if the license is denied.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.4 - Eligibility Determination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 An individual who has not yet submitted a completed license application may
			 petition the board for a determination of whether one or more of the
			 individual's convictions are disqualifying offenses that would render the
			 individual ineligible for licensure. An individual with a conviction is not
			 required to petition the board for an eligibility determination prior to
			 applying for licensure.
(2) To
			 petition the board for an eligibility determination of whether one or more of
			 the petitioner's convictions are disqualifying offenses, a petitioner shall
			 submit all of the following:
a. A completed
			 petition for eligibility determination form;
b. The complete criminal record for each of
			 the petitioner's convictions;
c. A
			 personal statement regarding whether each conviction directly relates to the
			 duties and responsibilities of the practice of pharmacy and why the board
			 should find the petitioner rehabilitated;
d. All evidence of rehabilitation that the
			 petitioner wishes to be considered by the board; and
e. A nonrefundable fee of $25.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.5 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A petitioner deemed ineligible for licensure or an applicant
				denied licensure due to a disqualifying offense may appeal the decision in the
				manner and time frame set forth in the board's written decision. A timely
				appeal will initiate a nondisciplinary contested case proceeding. The board's
				rules governing contested case proceedings will apply unless otherwise
				specified in these rules. If the petitioner or applicant fails to timely
				appeal, the board's written decision will become a final order.
(1)
Presiding officer.
An
			 administrative law judge will serve as the presiding officer of the
			 nondisciplinary contested case proceeding, unless the board elects to serve as
			 the presiding officer. When an administrative law judge serves as the presiding
			 officer, the decision rendered shall be a proposed decision.
(2)
Closed hearing.
The
			 contested case hearing shall be closed to the public, and the board's review of
			 a proposed decision shall occur in closed session.
(3)
Burden of proof.
The
			 office of the attorney general shall represent the board's initial
			 ineligibility determination or license denial and shall have the burden of
			 proof to establish that the convictions of the petitioner or applicant include
			 at least one disqualifying offense. Upon satisfaction of this burden by a
			 preponderance of the evidence by the office of the attorney general, the burden
			 of proof shall shift to the petitioner or applicant to establish rehabilitation
			 by clear and convincing evidence.
(4)
Judicial review.
A
			 petitioner or applicant must appeal an ineligibility determination or license
			 denial in order to exhaust administrative remedies. A petitioner or applicant
			 may only seek judicial review of an ineligibility determination or license
			 denial after the issuance of a final order following a contested case
			 proceeding. Judicial review of the final order following a contested case
			 proceeding shall be in accordance with Iowa Code chapter 17A.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.6 - Future Petitions or Applications

Current through Register Vol. 47, No. 3, July 24, 2024
If a final order determines a petitioner is ineligible, the
				petitioner may not submit a subsequent petition for eligibility determination
				or a license application prior to the date specified in the final order. If a
				final order denies a license application, the applicant may not submit a
				subsequent license application or a petition for eligibility determination
				prior to the date specified in the final order.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 32 - Nonpayment of State Debt › Rule 657-32.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				shall apply:
"Act"
means Iowa Code chapter 272D.
"Board"
means the Iowa board of
				pharmacy.
"Certificate"
means a document known as a
				certificate of noncompliance provided by the unit certifying that the named
				licensee has outstanding liability placed with the unit and has not entered
				into an approved payment plan to pay the liability.
"Denial notice "
means a board notification
				denying an application for the issuance or renewal of a license as required by
				the Act.
"Liability"
means a debt or obligation placed
				with the unit for collection that is greater than $1000. For purposes of this
				chapter, "liability" does not include support payments collected pursuant to
				Iowa Code chapter 25 2J.
"License "
means a license to practice
				pharmacy, a registration to practice as a pharmacist-intern, a registration to
				practice as a pharmacy technician, a registration to practice as a pharmacy
				support person, or a registration to possess, prescribe, dispense, administer,
				distribute, or otherwise handle controlled substances under Iowa Code chapter
				124.
"Licensee "
means an individual to whom a
				license has been issued or who is seeking the issuance of a license.
"Revocation or suspension notice "
means a
				board notification suspending a license for an indefinite or specified period
				of time or a notification revoking a license as required by the Act.
"Unit"
means the centralized collection unit
				of the department of revenue.
"
Withdrawal certificate "
means a document
				known as a withdrawal of a certificate of noncompliance provided by the unit
				certifying that the certificate is withdrawn and that the board may proceed
				with issuance, reinstatement, or renewal of a license.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 32 - Nonpayment of State Debt › Rule 657-32.2 - Issuance or Renewal of a License-denial

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall deny the issuance or renewal of a license upon
				receipt of a certificate from the unit according to the procedures set forth in
				the Act.
(1)
Service of denial
			 notice.
Notice shall be served upon the licensee by restricted
			 certified mail, return receipt requested, or by personal service in accordance
			 with the Iowa Rules of Civil Procedure. Alternatively, the licensee may accept
			 service personally or through authorized counsel.
(2)
Effective date of
			 denial.
The effective date of the denial of issuance or renewal of a
			 license, as specified in the notice, shall be 60 days following service of the
			 notice upon the licensee.
(3)
Preparation and service of denial notice.
The executive
			 director of the board is authorized to prepare and serve the notice upon the
			 licensee.
(4)
Licensee
			 responsible to inform board.
Licensees shall keep the board informed
			 of all court actions and all unit actions taken under or in connection with the
			 Act and shall provide the board copies, within seven days of filing or
			 issuance, of all applications filed with the district court pursuant to Iowa
			 Code section
			 272D.9,
			 all court orders entered in such actions, and any withdrawal certificates
			 issued by the unit.
(5)
Reinstatement following license denial.
All board fees
			 required for application, license renewal, or license reinstatement shall be
			 paid by the licensee and all continuing education requirements shall be met
			 before a license will be issued, renewed, or reinstated after the board has
			 denied the issuance or renewal of a license pursuant to the Act.
(6)
Effect of filing in district
			 court.
In the event a licensee timely files a district court action
			 following service of a board notice pursuant to Iowa Code sections
			 272D.8
			 and
			 272D.9,
			 the board shall continue with the intended action described in the notice upon
			 the receipt of a court order lifting the stay, dismissing the action, or
			 otherwise directing the board to proceed. For purposes of determining the
			 effective date of the denial of the issuance or renewal of a license, the board
			 shall count the number of days before the action was filed and the number of
			 days after the action was disposed of by the court.
(7)
Final notification.
The
			 board shall notify the licensee in writing through regular first-class mail, or
			 such other means as the board deems appropriate in the circumstances, within
			 ten days of the effective date of the denial of the issuance or renewal of a
			 license and shall similarly notify the licensee when the license is issued or
			 renewed following the board's receipt of a withdrawal certificate.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 32 - Nonpayment of State Debt › Rule 657-32.4 - Share Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				board may share information with the unit through manual or automated means for
				the sole purpose of identifying applicants or licensees subject to enforcement
				under the Act.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 33 - Military Service and Veteran Reciprocity › Rule 657-33.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of this chapter, the following definitions
				shall apply:
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c); or in the organized
				reserves of the United States, as provided in
				10 U.S.C. Section
				10101.
"Military service applicant"
means an
				individual requesting credit toward licensure or registration requirements for
				education, training, or service obtained or completed in military
				service.
"Spouse"
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran"
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 33 - Military Service and Veteran Reciprocity › Rule 657-33.4 - Request for Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
A military service applicant, a veteran, or a spouse who is
				aggrieved by the board's decision to deny all or part of the military service
				credit application, a request for a license transfer, a request for a
				registration, or a request for temporary license or registration, or is
				aggrieved by the terms under which a temporary license or registration will be
				granted, may request a contested case (administrative hearing) and may
				participate in a contested case by telephone. A request for a contested case
				shall be made within 30 days of issuance of the board's decision pursuant to
				657-subrule 35.30(1). There shall be no fees or costs assessed against the
				military service applicant, veteran, or spouse in connection with a contested
				case conducted pursuant to this chapter.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, a "waiver" or "variance" means
				action by the board which suspends, in whole or in part, the requirements or
				provisions of a rule as applied to an identified person or business on the
				basis of the particular circumstances of that person or business. For
				simplicity, the term "waiver" shall include both a waiver and a variance and
				the term "person" shall include both a person and a business.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of waivers from rules adopted by the board in
				situations when no other more specifically applicable law provides for waivers.
				To the extent another more specific provision of law governs the issuance of a
				waiver from a particular rule, the more specific provision shall supersede this
				chapter with respect to any waiver from that rule.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.3 - Applicability of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only if the board has
				jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions, or other provisions of law. The
				board may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.4 - Criteria for Waiver or Variance

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition for waiver, the board may in its sole
				discretion issue an order waiving in whole or in part the requirements of a
				rule if the board finds, based on clear and convincing evidence, all of the
				following:
1. The application of the
			 rule would impose an undue hardship on the person for whom the waiver is
			 requested;
2. The waiver from the
			 requirements of the rule in the specific case would not prejudice the
			 substantial legal rights of any person;
3. The provisions of the rule subject to the
			 petition for a waiver are not specifically mandated by statute or another
			 provision of law; and
4.
			 Substantially equal protection of public health, safety, and welfare will be
			 afforded by a means other than that prescribed in the particular rule for which
			 the waiver is requested.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall be submitted in writing to the
				board as follows:
(1)
License,
			 registration, or permit application.
If the petition relates to a
			 license, registration, or permit application, the petition shall be made in
			 conjunction with the application for the license, registration, or permit in
			 question.
(2)
Contested
			 cases.
If the petition relates to a procedural rule governing a
			 pending contested case, the petition shall be filed in the contested case
			 proceeding, using the caption of the contested case. A petition cannot be
			 submitted to waive a substantive rule the respondent has been charged with
			 violating in a pending contested case.
(3)
Other.
If the petition
			 does not relate to a license, registration, or permit application or to a
			 pending contested case, the petition may be submitted to the board's executive
			 director.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the petitioner:
1. The name, address, and telephone number of
			 the person for whom a waiver is requested and the case number of any related
			 contested case.
2. A description and
			 citation of the specific rule from which a waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts that the petitioner believes would justify a waiver under
			 each of the four criteria described in rule
			 657-34.4
			 (17A). This shall include a signed statement from the petitioner attesting to
			 the accuracy of the facts provided in the petition and a statement of reasons
			 that the petitioner believes will justify a waiver.
5. Any information known to the petitioner
			 regarding the board's treatment of similar cases.
6. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of the waiver.
7. The name, address, and telephone number of
			 any person who would be adversely affected by the granting of a petition for
			 waiver.
8. The name, address, and
			 telephone number of any person with knowledge of facts relevant to the proposed
			 waiver.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.7 - Additional Information and Providing Notice

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. The board may provide notice of a
				petition for waiver to any person who might be affected by the waiver. The
				board shall provide public notice of any petitions for waiver by including any
				petitions for waiver on the agenda of the board meeting during which the
				petition for waiver will be discussed.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains. The order shall include a statement of the
				relevant facts and reasons upon which the action is based and a description of
				the precise scope and duration of the waiver if one is issued.
(1)
Board discretion.
The
			 final decision on whether the circumstances justify the granting of a waiver
			 shall be made at the sole discretion of the board upon consideration of all
			 relevant factors. The board shall evaluate each petition for a waiver based on
			 the unique, individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored exception.
A waiver, if granted, shall
			 provide the narrowest exception possible to the provisions of a rule.
(4)
Conditions.
The board
			 may place any condition on a waiver that the board finds desirable to protect
			 the public health, safety, and welfare.
(5)
Time period of waiver.
A
			 waiver shall not be permanent unless the petitioner can show that a temporary
			 waiver would be impracticable. If a temporary waiver is granted, there is no
			 automatic right to renewal. At the sole discretion of the board, a waiver may
			 be renewed if the board finds that grounds for the waiver continue to
			 exist.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and made available for public inspection as provided in Iowa
				Code section
				17A.3.
				Petitions for waiver and orders granting or denying waiver petitions are public
				records under Iowa Code chapter 22. Some petitions or orders may contain
				information the board is authorized or required to keep confidential. The board
				may accordingly redact confidential information from petitions or orders prior
				to public inspection.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall semiannually prepare a summary report
				identifying the rules for which a waiver has been granted or denied, the number
				of times a waiver was granted or denied for each rule, and a citation to the
				statutory provisions implemented by these rules. The report shall include a
				general summary of the reasons justifying the board's actions on waiver
				requests and, if practicable, shall detail the extent to which the granting of
				a waiver has affected the general applicability of the rule itself. Copies of
				this report shall be available for public inspection and shall be provided
				semiannually to the administrative rules coordinator and the administrative
				rules review committee.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. That the petitioner or the person who was
			 the subject of the waiver order withheld or misrepresented material facts
			 relevant to the propriety or desirability of the waiver; or
2. That the alternative means for ensuring
			 adequate protection of the public health, safety and welfare after issuance of
			 the waiver order have been demonstrated to be insufficient; or
3. That the subject of the waiver order has
			 failed to comply with all conditions contained in the order.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 34 - Rules for Waivers and Variances › Rule 657-34.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense for the person to whom the order pertains, within the terms and the
				specific facts indicated therein, in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
means the Iowa board of
				pharmacy.
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5),
				including but not limited to licensee disciplinary proceedings, license denial
				proceedings, and license reinstatement proceedings.
"Issuance "
means the date of mailing of a
				decision or order, or date of delivery if service is by other means, unless
				another date is specified in the order.
"License "
means any license, registration, or
				permit issued by the board, regardless of whether the license, registration, or
				permit is active.
"Licensee "
means any person or entity
				possessing a license, registration, or permit issued by the board, regardless
				of whether the license, registration, or permit is active.
"Party"
means the state of Iowa, as
				represented by the office of the attorney general, and respondent or
				applicant.
"Probable cause "
means a reasonable ground
				for belief in the existence of facts warranting the specified
				proceeding.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Computation.
Time shall be computed as provided in Iowa Code
			 section
			 4.1(34).
(2)
Changing time to take
			 action.
For good cause, the presiding officer may extend or shorten
			 the time to take any action, except as precluded by statute or by rule. Except
			 for good cause stated in the record, before extending or shortening the time to
			 take any action, the presiding officer shall afford all parties an opportunity
			 to be heard or to file written arguments.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.4 - Applicability of Iowa Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
Except as expressly provided in Iowa Code chapter 17A and these
				rules, the Iowa Rules of Civil Procedure do not apply to contested case
				proceedings. However, upon application by a party, the board may permit the use
				of procedures provided for in the Iowa Rules of Civil Procedure unless doing so
				would unreasonably complicate the proceedings or impose an undue hardship on a
				party.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.5 - Combined Statement of Charges and Settlement Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination by the board that probable cause exists to
				take public disciplinary action, the board and the licensee may enter into a
				combined statement of charges and settlement agreement.
(1) No licensee is entitled to be offered a
			 combined statement of charges and settlement agreement.
(2) Entering into a combined statement of
			 charges and settlement agreement is completely voluntary.
(3) The combined statement of charges and
			 settlement agreement shall include a brief statement of the charges, the
			 circumstances that led to the charges, and the terms of settlement.
(4) A combined statement of charges and
			 settlement agreement shall constitute the commencement and resolution of a
			 contested case proceeding. By entering into a combined statement of charges and
			 settlement agreement, the licensee waives the right to a contested case hearing
			 on the matter.
(5) A combined
			 statement of charges and settlement agreement is a permanent public record open
			 for inspection under Iowa Code chapter 22.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service, as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified restricted mail, return receipt requested; or
c. Signed acknowledgment accepting service;
			 or
d. When service cannot be
			 accomplished using the above methods:
(1) An
			 affidavit shall be prepared outlining the measures taken to attempt service;
			 and
(2) Notice of hearing shall be
			 published once each week for three consecutive weeks in a newspaper of general
			 circulation, published or circulated in the county of last-known residence of
			 the respondent. The first notice of hearing shall be published at least 30 days
			 prior to the scheduled hearing.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.7 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
In the event the board finds there is probable cause for taking
				public disciplinary action against a licensee, the board shall file a statement
				of charges. The statement of charges shall be incorporated within the notice of
				hearing. The statement of charges shall set forth the acts or omissions with
				which the respondent is charged, including the statute(s) and rule(s) which are
				alleged to have been violated, and shall be in sufficient detail to enable the
				preparation of the respondent's defense. Every statement of charges prepared by
				the board shall be reviewed by the office of the attorney general before it is
				filed. A statement of charges is a permanent public record open for inspection
				under Iowa Code chapter 22.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.8 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Following the issuance of a notice of hearing, the office of
				the attorney general shall be responsible for the legal representation of the
				public interest in the contested case. The assistant attorney general assigned
				to prosecute a contested case before the board shall not represent the board in
				that case but shall represent the public interest.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.9 - Presiding Officer in a Disciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer in a disciplinary contested case shall be
				the board. When acting as presiding officer, the board may request that an
				administrative law judge perform certain functions as an aid to the board, such
				as ruling on prehearing motions, conducting the prehearing conference, ruling
				on evidentiary objections at hearing, assisting in deliberations, and drafting
				the written decision for review by the board.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.10 - Presiding Officer for Nondisciplinary Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for administrative law
			 judge.
Any party in a nondisciplinary contested case who wishes to
			 request that the presiding officer assigned to render a proposed decision be an
			 administrative law judge employed by the department of inspections and appeals
			 must file a request within 20 days after service of a notice of
			 hearing.
(2)
Grounds for
			 denial.
The board may deny the request only upon a finding that one or
			 more of the following apply:
a. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
b. An administrative law judge is unavailable
			 to hear the case within a reasonable time.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.11 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter. However, the board in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.12 - Telephone or Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve prehearing matters by
				telephone conference in which all parties have an opportunity to participate.
				Contested case hearings will generally not be held by telephone or electronic
				means in the absence of consent by all parties under compelling circumstances.
				Nothing shall prohibit a witness from testifying by telephone or electronic
				means pursuant to subrule 35.26(3).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.13 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons
			 for withdrawal from participation.
A presiding officer or other person
			 shall withdraw from participation in the making of any proposed or final
			 decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party.
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties. If the licensee elects to appear before the board in the
			 investigation process, the licensee waives this provision.
c. Is subject to the authority, direction or
			 discretion of any person who has personally investigated, prosecuted or
			 advocated in connection with that contested case, the specific controversy
			 underlying that contested case, or a pending factually related contested case
			 or controversy involving the same parties.
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years.
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case.
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) Is likely to be a material witness in the
			 case.
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.14 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
			 parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.15 - Appearance

Current through Register Vol. 47, No. 3, July 24, 2024
The respondent or applicant may be represented by an attorney.
				The attorney must file an appearance in the contested case. If the attorney is
				not licensed to practice law in Iowa, the attorney must fully comply with Iowa
				Court Rule 31.14. If the respondent or applicant is an entity, the entity may
				designate a representative to appear on behalf of the entity.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.16 - Answer

Current through Register Vol. 47, No. 3, July 24, 2024
An answer may be filed within 20 days of service of the notice
				of hearing and statement of charges. An answer shall specifically admit, deny,
				or otherwise answer all material allegations of the statement of charges to
				which it responds. It shall state any facts supporting any affirmative defenses
				and contain as many additional defenses as the respondent may claim. An answer
				shall state the name, address and telephone number of the person filing the
				answer. Any allegation in the statement of charges not denied in the answer is
				considered admitted. The presiding officer may refuse to consider any defense
				not raised in the answer which could have been raised on the basis of facts
				known when the answer was filed if any party would be
				prejudiced.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.17 - Service and Filing of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing
-
when
			 required.
After the notice of hearing, all documents in a contested
			 case proceeding shall be filed with the board.
(2)
Filing
-
how
			 made.
Filing may be made by delivering or mailing the document to the
			 board office located at 400 S.W. Eighth Street, Suite E, Des Moines, Iowa
			 50309-4688. Filing may also be made by e-mailing the document to the e-mail
			 addresses identified in the notice of hearing as the appropriate e-mail address
			 for filing. A party electing to file a document via e-mail is responsible for
			 ensuring the document was received.
(3)
Filing
-
when
			 made.
A document is deemed filed at the time it is delivered to the
			 board, delivered to an established courier service for immediate delivery to
			 the board office, mailed by first-class mail or state interoffice mail to the
			 board office, so long as there is proof of mailing, or e-mailed.
(4)
Service
-
when
			 required.
Except where otherwise provided by law, every document filed
			 in a contested case proceeding shall be simultaneously served upon each of the
			 parties of record to the proceeding, including the assistant attorney general
			 representing the state. Except for an application for rehearing as provided in
			 Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(5)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order, so long as there is
			 proof of mailing.
(6)
Electronic service.
Service may be made upon a party or
			 attorney by e-mail if the person consents in writing in that case to be served
			 in that manner. The written consent shall specify the e-mail address for such
			 service. The written consent may be withdrawn by written notice served on the
			 parties or attorneys.
(7)
Proof of mailing/e-mailing.
Proof of mailing/e-mailing
			 includes one of the following:
a. A legible
			 United States Postal Service postmark on the envelope;
b. A certificate of service;
c. A notarized affidavit; or
d. A certification in substantially the
			 following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des
				Moines, Iowa 50309-4688, and to the names and addresses of the parties listed
				below by depositing the same in the United States mail, state interoffice mail,
				or e-mail when permitted by 657 IAC 35.17(6).
________________ _________________
Date Signature
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.18 - Investigative File

Current through Register Vol. 47, No. 3, July 24, 2024
The board's investigative file is available to the respondent
				or applicant upon request only after the commencement of a contested case and
				only prior to the resolution of the contested case. A licensee that elects to
				enter into a combined statement of charges and settlement agreement is not
				entitled to request the investigative file. In accordance with Iowa Code
				section
				272C.6(4),
				information contained within an investigative file is confidential and may only
				be used in connection with the disciplinary proceedings before the
				board.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.19 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
The scope of discovery described in Iowa Rule of Civil
			 Procedure 1.503 shall apply to contested case proceedings.
(2)
Procedures available.
The following discovery procedures available in the Iowa Rules of Civil
			 Procedure are available to the parties in a contested case proceeding:
			 depositions upon oral examination or written questions; written
			 interrogatories; production of documents, electronically stored information,
			 and things; and requests for admission. Unless lengthened or shortened by the
			 presiding officer, the time frames for discovery in the specific Iowa Rules of
			 Civil Procedure govern those specific procedures.
a. Iowa Rules of Civil Procedure 1.701
			 through 1.717 regarding depositions shall apply to any depositions taken in a
			 contested case proceeding. Any party taking a deposition in a contested case
			 shall be responsible for any deposition costs, unless otherwise specified or
			 allocated in an order. Deposition costs include, but are not limited to,
			 reimbursement for mileage of the deponent, costs of a certified shorthand
			 reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 shall
			 apply to any interrogatories propounded in a contested case
			 proceeding.
c. Iowa Rule of Civil
			 Procedure 1.512 shall apply to any requests for production of documents,
			 electronically stored information, and things in a contested case
			 proceeding.
d. Iowa Rule of Civil
			 Procedure 1.510 shall apply to any requests for admission in a contested case
			 proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
			 admission shall apply in contested case proceedings.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.20 - Issuance of Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Types of subpoenas.
Subpoenas issued in a contested case may compel the attendance of witnesses at
			 depositions or hearing and may compel the production of books, papers, records,
			 and other real evidence. A command to produce evidence or to permit inspection
			 may be joined with a command to appear at deposition or hearing or may be
			 issued separately. Subpoenas shall be issued by the executive director or
			 designee upon a written request that complies with the requirements of this
			 rule. A request for a subpoena of mental health records must confirm that the
			 conditions described in subrule 35.20(3) have been satisfied prior to the
			 issuance of the subpoena. The executive director or designee may refuse to
			 issue a subpoena if the request does not comply with the requirements of this
			 rule.
(2)
Request for
			 subpoena
-
contents.
A request for a subpoena shall
			 include the following information, as applicable, unless the subpoena is
			 requested to compel testimony or documents for rebuttal or impeachment
			 purposes:
a. The name, address, and telephone
			 number of the person requesting the subpoena;
b. The name and address of the person to whom
			 the subpoena shall be directed;
c.
			 The date, time, and location at which the person shall be commanded to attend
			 and give testimony;
d. Whether the
			 testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
			 records, or other real evidence requested;
f. The date, time, and location for
			 production or inspection and copying; and
g. In the case of a subpoena request for
			 mental health records, confirmation that the conditions described in subrule
			 35.20(3) have been satisfied.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.21 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form.
No technical form for motions is required. Prehearing
			 motions must be in writing, state the grounds for relief, and state the relief
			 sought.
(2)
Timely
			 response.
Any party may file a written response to a motion within ten
			 days afterthe motion is served, unless the time period is extended or shortened
			 by rules of the board or the presiding officer. The presiding officer may
			 consider a failure to respond within the required time period in ruling on a
			 motion.
(3)
Oral
			 argument.
The presiding officer may schedule oral argument on any
			 motion.
(4)
Timely
			 filing.
Motions pertaining to the hearing shall be filed and served at
			 least ten days prior to the date of hearing unless there is good cause for
			 permitting later action or the time for such action is lengthened or shortened
			 by rule of the board or an order of the presiding officer.
(5)
Dispositive motions.
Dispositive motions, such as motions for summary judgment or motions to
			 dismiss, must be filed with the board and served on all parties to the
			 contested case proceeding at least 30 days prior to the scheduled hearing date,
			 unless otherwise ordered or permitted by the presiding officer. Any party may
			 file a written response to a dispositive motion within 10 days after the motion
			 is served, unless the time for response is otherwise lengthened or shortened by
			 the presiding officer.