Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 9 - Permanent and Administrative Medicine Physician Licensure › Rule 653-9.17 - Denial of Licensure or Determined to Be Ineligible for Licensure Through the Imlc or Termination of a License Issued Through the Imlc

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preliminary notice of denial.
Prior to the denial of licensure
			 to an applicant, the board shall issue a preliminary notice of denial that
			 shall be sent to the applicant by regular, first-class mail at the address
			 provided by the applicant. The preliminary notice of denial is a public record
			 and shall cite the factual and legal basis for denying the application, notify
			 the applicant of the appeal process, and specify the date upon which the denial
			 will become final if it is not appealed.
(2)
Appeal procedure.
An
			 applicant who has received a preliminary notice of licensure denial or a Letter
			 of Qualification that asserts the board has determined that the applicant is
			 ineligible for licensure through the IMLC, or a notice that a medical license
			 is ineligible for renewal through the IMLC, may appeal and request a hearing on
			 the issues related to the preliminary notice of licensure denial or
			 ineligibility for licensure or licensure renewal through the IMLC by serving a
			 request for hearing upon the executive director not more than 30 calendar days
			 following the date when the notice was mailed. The applicant's current address
			 shall be provided in the request for hearing. The request is deemed filed on
			 the date it is received in the board office. If the request is received with a
			 USPS nonmetered postmark, the board shall consider the postmark date as the
			 date the request is filed. The request shall specify the factual or legal
			 errors and that the applicant desires an evidentiary hearing, and may provide
			 additional written information or documents in support of licensure, or a
			 Letter of Qualification that asserts the applicant is eligible for licensure
			 through the IMLC, or the applicant is eligible for licensure renewal through
			 the IMLC.
(3)
Hearing.
If an applicant appeals the preliminary notice of
			 licensure denial or a determination of ineligibility for licensure or licensure
			 renewal through the IMLC and requests a hearing, the hearing shall be a
			 contested case and subsequent proceedings shall be conducted in accordance with
			 653-25.30
			 (17A).
a. Hearings for applicants denied
			 licensure, or determined to be ineligible for licensure or licensure renewal
			 through the IMLC are contested cases open to the public.
b. Either party may request issuance of a
			 protective order in the event privileged or confidential information is
			 submitted into evidence.
c.
			 Evidence supporting the denial of the license or the determination of
			 ineligibility for licensure or licensure renewal through the IMLC may be
			 presented by an assistant attorney general.
d. While each party shall have the burden of
			 establishing the affirmative of matters asserted, the applicant shall have the
			 ultimate burden of persuasion as to the applicant's qualification for licensure
			 or licensure eligibility or licensure renewal through IMLC.
e. The board, after a hearing on license
			 denial, may grant or deny the application for licensure. The board shall state
			 the reasons for its decision and may grant the license, grant the license with
			 restrictions or deny the license. The final decision is a public record. After
			 a hearing on ineligibility for licensure renewal through the IMLC, the board
			 may uphold the termination of the license or allow the licensee to renew. The
			 board shall state the reasons for its decision, which is a public record. After
			 a hearing on a Letter of Qualification determination, the board may uphold the
			 ineligible determination or issue a Letter of Qualification asserting the
			 applicant is eligible for licensure through the IMLC. The board shall state the
			 reasons for its decision, which is a public record.
f. Judicial review of a final order of the
			 board denying licensure, issuing a license with restrictions, terminating a
			 license not eligible for renewal through the IMLC, or upholding a Letter of
			 Qualification asserting that an applicant is ineligible for licensure through
			 the IMLC may be sought in accordance with the provisions of Iowa Code section
			 17A. 19, which are applicable to judicial review of any agency's final decision
			 in a contested case.