reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.10 - Presiding Officer in a Nondisciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 nondisciplinary contested case includes license denial proceedings. Any party
			 in a nondisciplinary contested case may request that the presiding officer
			 assigned to render a proposed decision be an administrative law judge employed
			 by the department of inspections, appeals, and licensing by filing a written
			 request within 20 days after service of a notice of hearing identifying or
			 describing the presiding officer as the board.
(2) The board may only deny the request if:
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 with the qualifications identified in subrule 33.10(4) 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 not likely to be dispositive in resolving the disputed
			 factual issues.
e. The request was
			 not timely filed.
f. The request is
			 not consistent with a specified statute.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.11 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person will 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;
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 who:
(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; or
g. Has any other
			 legally sufficient cause to withdraw from participation.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.12 - 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 cases where:
a. The matters 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 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.13 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Pleadings.
Pleadings may be required by rule, by the statement
			 of charges, or by order of the presiding officer.
(2)
Answer.
a. An answer shall be filed within 20 days of
			 service of the statement of charges and notice of hearing that:
(1) Identifies on whose behalf it is
			 filed;
(2) Sets forth the name,
			 address and telephone number of the person filing the answer, the person on
			 whose behalf it is filed, and the attorney, if any, representing that
			 person;
(3) Specifically admits,
			 denies or otherwise answers all material allegations of the statement of
			 charges; and
(4) Sets forth any
			 facts deemed necessary to show an affirmative defense and contain as many
			 additional defenses as the respondent may claim.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.14 - Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-when required.
Except where otherwise provided by law,
			 every document filed in a contested case proceeding shall be served upon each
			 of the parties of record to the proceeding, including the person designated as
			 prosecutor for the state, simultaneously with its filing. Except for the
			 original statement of charges and notice of hearing and 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.
(2)
Service-how made.
Service upon a party represented by an attorney will 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 completed upon mailing,
			 except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing-when
			 required.
After the statement of charges and notice of hearing, all
			 documents in a contested case proceeding will be filed with the board. All
			 documents that are required to be served upon a party will be filed
			 simultaneously with the board.
(4)
Filing-when made.
Except where otherwise provided by law, 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; or mailed
			 by first-class or state interoffice mail to the board, so long as there is
			 proof of mailing.
(5)
Proof
			 of mailing.
Proof of mailing includes:
a. A legible United States Postal Service
			 postmark on the envelope, or
b. A
			 certificate of service, or
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 board and to the names and addresses of the parties listed
				below by depositing the same in (a United States post office mailbox with
				correct postage properly affixed or state interoffice mail).
________ ________________
(Date) (Signature)
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.15 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules, by order of the presiding
			 officer, or by agreement of the parties, time periods for compliance with
			 discovery will be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
			 allege that the moving party has previously made a good faith attempt to
			 resolve the discovery issues involved with the opposing party. Motions in
			 regard to discovery will be ruled upon by the presiding officer. Opposing
			 parties will be afforded the opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 33.15(1). The presiding officer may rule on the basis of the written motion and
			 any response, or may order oral argument.
(3) Evidence obtained in discovery may be
			 used in the contested case proceeding if that evidence would otherwise be
			 admissible in that proceeding.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.16 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas
			 issued in a contested case may compel the attendance of witnesses at deposition
			 or hearing and may compel the production of books, papers, records, or 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 will be issued by the executive officer or designee upon
			 written request. In the case of a request for a subpoena of mental health
			 records, the request must confirm the conditions described in 641-subrule
			 34.5(1) prior to the issuance of the subpoena.
(2) A request for a subpoena should include
			 the following information, as applicable, unless the subpoena is requested in
			 order 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
			 641-subrule 34.5(1) have been satisfied.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.17 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prehearing
			 motions must be in writing, state the grounds for relief, and state the relief
			 sought.
(2) Any party may file a
			 written response to a motion within ten days after the motion is served, unless
			 the time period is extended or shortened by the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on the motion.
(3)
			 The presiding officer may schedule oral argument on any motion. If the board
			 requests that an administrative law judge issue a ruling on a prehearing
			 motion, the ruling is subject to interlocutory appeal pursuant to rule
			 641-33.29 (17A).
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, must be filed and served at least five days prior
			 to the date of the 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) Motions for summary judgment shall comply
			 with Iowa Rule of Civil Procedure 1.981 and will be subject to disposition
			 according to the requirements of that rule to the extent such requirements are
			 not inconsistent with the provisions of this rule or any other provision of law
			 governing the procedure in contested cases.
a.
			 Motions for summary judgment must be filed and served at least 20 days prior to
			 the scheduled hearing date, or other time period determined by the presiding
			 officer. Any party resisting the motion shall file and serve a resistance
			 within ten days, unless otherwise ordered by the presiding officer, from the
			 date a copy of the motion was served.
b. The time fixed for hearing or nonoral
			 submission will be not less than 15 days after the filing of the motion, unless
			 a shorter time is ordered by the presiding officer.
c. A summary judgment order rendered on all
			 issues in a contested case is subject to rehearing pursuant to rule
			 641-33.32 (17A,272C) and appeal
			 pursuant to rule 641-33.30 (17A,272C).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.18 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing upon written notice filed with the board and
				served on all parties. Unless otherwise ordered by the board, a withdrawal is
				with prejudice.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.19 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Unless
			 otherwise ordered, a motion for leave to intervene shall be filed before the
			 prehearing conference, if any, or at least 20 days before the date scheduled
			 for hearing. Any later motion must contain a statement of good cause for the
			 failure to file in a timely manner. Unless inequitable or unjust, an intervenor
			 will be bound by any agreement, arrangement, or other matter previously raised
			 in the case. Requests by untimely intervenors for continuances that would delay
			 the proceeding will ordinarily be denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
a. Intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
b. The movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
c. The interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.20 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the officer's own motion or as
				requested by a party, order hearings or argument to be held by telephone
				conference or other electronic means in which all parties have an opportunity
				to participate. The presiding officer will determine the location of the
				parties and witnesses for telephone or other electronic hearings. The
				convenience of the witnesses or parties, as well as the nature of the case,
				will be considered when location is chosen. Disciplinary hearings will
				generally not be held by telephone or electronic means in the absence of
				consent by all parties, but the presiding officer may permit any witness to
				testify by telephone. Parties shall disclose at or before the prehearing
				conference if any witness will be testifying by telephone. Objections, if any,
				shall be filed with the board and served on all parties at least three business
				days in advance of hearing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.21 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party may
			 request a prehearing conference. Prehearing conferences will be conducted by
			 the executive officer or designee, who may request the assistance of an
			 administrative law judge. A written request for prehearing conference or an
			 order for prehearing conference on the executive officer's own motion shall be
			 filed not less than ten days prior to the hearing date. A prehearing conference
			 will be scheduled not less than five business days prior to the hearing date.
			 The executive officer shall set a prehearing conference in all licensee
			 disciplinary cases and provide notice of the date and time in the notice of
			 hearing. Written notice of the prehearing conference will be given by the
			 executive officer to all parties. For good cause the executive officer may
			 permit variances from this rule.
(2) The parties at a prehearing conference
			 will be prepared to discuss the following subjects, and the executive officer
			 or administrative law judge may issue appropriate orders concerning:
a. The possibility of settlement.
b. The entry of a scheduling order to include
			 deadlines for completion of discovery.
c. Stipulations of law or fact.
d. Stipulations on the admissibility of
			 evidence.
e. Submission of expert
			 or other witness lists. Witness lists may be amended subsequent to the
			 prehearing conference within the time limits established by the executive
			 officer or administrative law judge at the prehearing conference. Witnesses not
			 listed on the final witness list may be excluded from testifying unless there
			 was good cause for the failure to include their names.
f. Submission of exhibit lists. Exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the executive director or administrative law judge at the
			 prehearing conference. Other than rebuttal exhibits, exhibits that are not
			 listed on the final exhibit list may be excluded from admission into evidence
			 unless there was good cause for the failure to include them.
g. Stipulations for waiver of any provision
			 of law.
h. Identification of
			 matters that the parties intend to request to be officially noticed.
i. Consideration of any additional matters
			 that will expedite the hearing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.22 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Unless
			 otherwise provided, applications for continuance shall be filed with the board
			 at least seven days before the date scheduled for hearing. If the application
			 for continuance is not contested, the executive officer or designee will issue
			 the appropriate order. If the application for continuance is contested, the
			 matter will be heard by the board or delegated to an administrative law
			 judge.
(2) A written application
			 for continuance will:
a. Be made at the
			 earliest possible time and no less than seven days before the hearing except in
			 case of unanticipated emergencies;
b. State the specific reasons for the request
			 for continuance; and
c. Be signed
			 by the requesting party or the party's representative.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.23 - Settlement Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Settlement
			 negotiations after the notice of hearing may be initiated by the licensee or
			 other respondent, the prosecuting attorney, the board's executive officer, or
			 the board chair or chair's designee.
(2) The board chair or chair's designee may
			 negotiate on behalf of the board but does not have the authority to bind the
			 board to a particular term of settlement.
(3) The respondent is not obligated to
			 participate in settlement negotiations. The respondent's initiation or consent
			 to settlement negotiations constitutes a waiver of notice and opportunity to be
			 heard during the settlement negotiation pursuant to Iowa Code section 17A.17
			 and rule 641-33.27 (17A). Thereafter, the
			 prosecuting attorney is authorized to discuss informal settlement with the
			 board chair or chair's designee, and the designated board member is not
			 disqualified from participating in the adjudication of the contested
			 case.
(4) Unless designated to
			 negotiate, no member of the board shall be involved in settlement negotiation
			 until a written consent order is submitted to the full board for approval. No
			 informal settlement will be submitted to the full board unless it is in final
			 written form executed by the respondent. By signing the proposed consent order,
			 the respondent authorizes the prosecuting attorney or executive officer to have
			 ex parte communications with the board related to the terms of the settlement.
			 If the board fails to approve the consent order, it shall be of no force and
			 effect to either party and shall not be admissible at hearing. Upon rejecting a
			 proposed consent order, the board may suggest alternative terms of settlement,
			 which the respondent is free to accept or reject.
(5) If the board and respondent agree to a
			 consent order, the consent order constitutes the final decision of the board.
			 By electing to resolve a contested case through consent order, the respondent
			 waives all rights to a hearing and attendant rights. A consent order in a
			 licensee disciplinary case has the force and effect of a final disciplinary
			 order entered in a contested case and may be published as provided in subrule
			 33.30(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.25 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer will rule on the admissibility of evidence and may, where appropriate,
			 take official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged.
(3) Evidence in the
			 proceeding will be confined to the issues as to which the parties received
			 notice prior to the hearing unless a party waives the party's right to such
			 notice or the presiding officer determines that good cause justifies expansion
			 of the issues. If the presiding officer admits evidence on issues outside the
			 scope of the notice over the objection of a party who did not have actual
			 notice of those issues, that party, upon timely request, will receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide the opposing party with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents shall be provided to opposing parties. All exhibits admitted into
			 evidence will be appropriately marked and be made part of the record.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection must be timely and will be accompanied by a brief statement
			 of the grounds upon which it is based. The objection, the ruling on the
			 objection, and the reasons for the ruling will be noted in the record. The
			 presiding officer may rule on the objection at the time it is made or may
			 reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record by
			 briefly summarizing the testimony or, with permission of the presiding officer,
			 presenting the testimony. If the excluded evidence consists of a document or
			 exhibit, it will be marked as part of an offer of proof and inserted in the
			 record.
(7) Irrelevant, immaterial
			 and unduly repetitious evidence should be excluded. A finding will be based
			 upon the kind of evidence upon which reasonably prudent persons are accustomed
			 to relying for the conduct of their serious affairs, and may be based on
			 hearsay or other types of evidence that may or would be inadmissible in a jury
			 trial.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.26 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final board action unless, within 15 days after the date
			 of notification or mailing of the decision, a motion to vacate is filed and
			 served on all parties or an appeal of a decision on the merits is timely
			 initiated within the time provided by subrule 33.30(2). A motion to vacate must
			 state all facts relied upon by the moving party which establish that good cause
			 existed for that party's failure to appear or participate at the contested case
			 proceeding. Each fact so stated must be substantiated by at least one sworn
			 affidavit of a person with personal knowledge of each such fact, which
			 affidavit(s) must be attached to the motion.
(4) The time for further appeal of a decision
			 for which a timely motion to vacate has been filed is stayed pending a decision
			 on the motion to vacate.
(5)
			 Properly substantiated and timely filed motions to vacate will be granted only
			 for good cause shown, with burden of proof as to good cause on the moving
			 party. Adverse parties will have ten days to respond to a motion to vacate.
			 Adverse parties will be allowed to conduct discovery as to the issue of good
			 cause and to present evidence on the issue prior to a decision on the motion,
			 if a request to do so is included in that party's response.
(6) "Good cause" for purposes of this rule
			 has the same meaning as "good cause" for setting aside a default judgment under
			 the Iowa Rules of Civil Procedure.
(7) A decision denying a motion to vacate is
			 subject to further appeal within the time limit allowed for further appeal of a
			 decision on the merits in the contested case proceeding. A decision granting a
			 motion to vacate is subject to interlocutory appeal by the adverse party
			 pursuant to rule 641-33.29 (17A).
(8) If a motion to vacate is granted and no
			 interlocutory appeal has been taken, the presiding officer will issue another
			 statement of charges and notice of hearing and the contested case will proceed
			 accordingly.
(9) A default decision
			 may provide either that the default is to be stayed pending a timely motion to
			 vacate or that the default decision is to take effect immediately, subject to a
			 request for stay under rule
			 641-33.33 (17A).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.28 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board will provide a copy of the whole or any
				portion of the record at cost. The cost of preparing a copy of the record or of
				transcribing the hearing record will be paid by the requesting
				party.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.29 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the executive officer, administrative law
				judge, or hearing panel. Any request for interlocutory review must be filed
				within 14 days of issuance of the challenged order, but no later than the time
				for compliance with the order or the date of the hearing, whichever is first.
				In determining whether to do so, the board will consider:
1. The extent to which granting the
			 interlocutory appeal would expedite final resolution of the case; and
2. The extent to which review of that
			 interlocutory order by the board at the time it reviews the proposed decision
			 of the presiding officer would provide an adequate remedy.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.31 - Client Notification

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days (or such other time period specifically ordered
				by the board) of the licensee's receipt of the board's final decision, whether
				entered by consent or following hearing, which suspends or revokes a license or
				accepts a voluntary surrender of a license to resolve a disciplinary case, the
				licensee shall notify in writing all current clients of the fact that the
				license has been suspended, revoked or voluntarily surrendered. Such notice
				shall advise clients to obtain alternative professional services. Within 30
				days of receipt of the board's final order, the licensee shall file with the
				board copies of the notices sent. Compliance with this requirement is a
				condition for an application for reinstatement.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.32 - Application for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party to a
			 contested case proceeding may file an application for rehearing from a final
			 order. The filing of an application for rehearing is not necessary to exhaust
			 administrative remedies for purposes of judicial review.
(2) The application for rehearing will state
			 on whose behalf it is filed, the specific grounds for rehearing, the relief
			 sought, whether the applicant desires reconsideration of all or part of the
			 board decision on the existing record, and whether, on the basis of grounds
			 enumerated in paragraph 33.30(2)
"e"
and rule
			 641-33.31 (17A,272C), the
			 applicant requests an opportunity to submit additional evidence.
(3) The application shall be filed with the
			 board within 20 days after issuance of the final decision.
(4) A copy of the application shall be timely
			 mailed by the applicant to all parties of record.
(5) A request that additional evidence be
			 considered on rehearing is governed by paragraph
			 33.30(2)
"e."
(6)
			 Any application for rehearing is deemed denied unless the board grants the
			 application within 20 days after its filing.
(7) Application for rehearing is the only
			 procedure by which a party may request that the board reconsider a final board
			 decision.
(8) If the board grants an
			 application for rehearing, the board may set the application for oral argument
			 or for hearing if additional evidence will be received. If additional evidence
			 will not be received, the board may issue a ruling without oral argument or
			 hearing. The board may, on the request of a party or on its own motion, order
			 or permit the parties to provide written argument on one or more designated
			 issues. The board may be assisted by an administrative law judge in all
			 proceedings related to an application for rehearing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.33 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party to a
			 contested case proceeding may petition the board for a stay of an order issued
			 in that proceeding or for other temporary remedies, pending review by the
			 board. The petition shall be filed with the notice of appeal and shall state
			 the reasons justifying a stay or other temporary remedy. The board may rule on
			 the stay or authorize the administrative law judge to do so. Any party to a
			 contested case proceeding may petition the board for a stay or other temporary
			 remedies, pending judicial review of all or part of that proceeding. The
			 petition shall state the reasons justifying a stay or other temporary
			 remedy.
(2) In determining whether
			 to grant a stay, the presiding officer or board will consider the factors
			 listed in Iowa Code section
			 17A.19(5)
"c."
(3) A stay
			 may be vacated by the issuing authority upon application of the board or any
			 other party.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.34 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.35 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency action.
To the extent necessary to prevent or avoid
			 immediate danger to the public health, safety, or welfare, and consistent with
			 the Constitution and other provisions of law, the board may issue a written
			 order in compliance with Iowa Code section
			 17A.18A to suspend a license in
			 whole or in part, order the cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the board
			 by emergency adjudicative order. Before issuing an emergency adjudicative
			 order, the board will consider factors including, but not limited to, the
			 following:
a. Whether there has been a
			 sufficient factual investigation to ensure that the board is proceeding on the
			 basis of reliable information;
b.
			 Whether the specific circumstances which pose immediate danger to the public
			 health, safety, or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety, or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.36 - License Denial

Current through Register Vol. 47, No. 3, July 24, 2024
If the board denies an application for a license, the board or
				its staff shall send written notice to the applicant by regular first-class
				mail identifying the factual and legal basis for denying the application. If
				the board denies an application to renew an existing license, the provisions of
				rule 641-33.37 (17A,105,272C) shall
				apply.
(1) An applicant who is
			 aggrieved by the denial of an application for licensure and who desires to
			 contest the denial must request a hearing before the board within 30 calendar
			 days of the date the notice of denial is mailed. A request for hearing must be
			 in writing and is deemed made on the date of the United States Postal Service
			 nonmetered postmark or the date of personal service to the board office. The
			 request for hearing shall specify the factual or legal errors that the
			 applicant contends were made by the board, must identify any factual disputes
			 upon which the applicant desires an evidentiary hearing, and may provide
			 additional written information or documents in support of licensure. If a
			 request for hearing is timely made, the board shall promptly issue a notice of
			 hearing on the grounds asserted by the applicant.
(2) Subject to subrule 33.10(1), the board
			 may act as presiding officer at the contested case hearing, may hold the
			 hearing before a panel of three board members, or may request that an
			 administrative law judge act as the presiding officer and render a proposed
			 decision. A proposed decision by a panel of board members or an administrative
			 law judge is subject to appeal or review by the board pursuant to subrule
			 33.30(2).
(3) License denial
			 hearings are contested cases open to the public. Evidence supporting the denial
			 of the license may be presented by an assistant attorney general. 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.
(4) The presiding officer, after a hearing on
			 the license denial, may grant or deny the application for licensure. If denied,
			 the presiding officer shall state the reasons for denial of the license and may
			 state conditions under which the application for licensure might be granted, if
			 applicable.
(5) The notice of
			 license denial, request for hearing, notice of hearing, record at hearing, and
			 order are open records and available for inspection and copying in accordance
			 with Iowa Code chapter 22. Copies may be provided to the media, collateral
			 organizations, and other persons or entities.
(6) Judicial review of a final order of the
			 board denying licensure may be sought in accordance with the provisions of Iowa
			 Code section 17A.19 that are applicable to
			 judicial review of any agency's final decision in a contested
			 case.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.37 - Denial of Application to Renew License

Current through Register Vol. 47, No. 3, July 24, 2024
If the board denies a timely and sufficient application to
				renew a license, a notice of hearing will be issued to commence a contested
				case proceeding.
(1) Hearings on
			 denial of an application to renew a license will be conducted according to the
			 procedural rules applicable to contested cases. Evidence supporting the denial
			 of the license may be presented by an assistant attorney general. The
			 provisions of subrules 33.36(2) and 33.36(4) to 33.36(6) will generally apply,
			 although license denial hearings that are in the nature of disciplinary actions
			 will be subject to all laws and rules applicable to such hearings.
(2) Pursuant to Iowa Code section
			 17A.18(2), an
			 existing license does not terminate or expire if the licensee has made timely
			 and sufficient application for renewal until the last day for seeking judicial
			 review of the board's final order denying the application, or a later date
			 fixed by order of the board or the reviewing court.
(3) Within the meaning of Iowa Code section
			 17A.18(2), a
			 timely and sufficient renewal application is:
a. Received by the board in paper or
			 electronic form, or postmarked with a nonmetered United States Postal Service
			 postmark on or before the date the license is set to expire or lapse;
b. Signed by the licensee if the application
			 is submitted in paper form or certified as accurate if submitted
			 electronically;
c. Fully completed;
			 and
d. Accompanied with the
			 required fee. The fee will be deemed unacceptable if the amount is incorrect,
			 the fee was not included with the application, the credit card number provided
			 by the applicant is incorrect, the date of expiration of a credit card is
			 omitted or incorrect, the attempted credit card transaction is rejected, or the
			 applicant's check is returned for insufficient funds.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.38 - Recovery of Hearing Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
The board may assess the licensee certain fees and expenses
				relating to a disciplinary hearing only if the board finds that the licensee
				has violated a statute or rule enforced by the board. Payment shall be made
				directly to the board.
(1) The board
			 may assess the following costs under this rule:
a. For conducting a disciplinary hearing, an
			 amount not to exceed $75.
b. All
			 applicable costs involved in the transcript of the hearing or other proceedings
			 in the contested case including, but not limited to, the services of the court
			 reporter at the hearing, transcription, duplication, and postage or delivery
			 costs. In the event of an appeal to the full board from a proposed decision,
			 the appealing party shall timely request and pay for the transcript necessary
			 for use in the board appeal process. The board may assess the transcript cost
			 against the licensee pursuant to Iowa Code section
			 272C.6(6)  or
			 against the requesting party pursuant to Iowa Code section
			 17A.12(7), as
			 the board deems equitable under the circumstances.
c. All normally accepted witness expenses and
			 fees for a hearing or the taking of depositions, as incurred by the state of
			 Iowa. These costs include, but are not limited to, the cost of an expert
			 witness and the cost involved in telephone testimony. The costs for lay
			 witnesses are guided by Iowa Code section
			 622.69. The cost for expert
			 witnesses is guided by Iowa Code section
			 622.72. Mileage costs are not
			 guided by Iowa Code section
			 625.2. The provisions of Iowa
			 Code section 622.74 regarding advance payment
			 of witness fees and the consequences of failure to make such payment are
			 applicable with regard to any witness who is subpoenaed by either party to
			 testify at hearing. Additionally, the board may assess travel and lodging
			 expenses for witnesses at a rate not to exceed the rate applicable to state
			 employees on the date the expense is incurred.
d. All normally applicable costs incurred by
			 the state of Iowa involved in depositions including, but not limited to, the
			 service of the court reporter who records the deposition, transcription,
			 duplication, and postage or delivery costs. When a deposition of an expert
			 witness is taken, the deposition cost shall include a reasonable expert witness
			 fee. The expert witness fee shall not exceed the expert's customary hourly or
			 daily rate, and shall include the time spent in travel to and from the
			 deposition but exclude time spent in preparation for the deposition.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.40 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The term
			 "reinstatement," as used in this rule, includes both the reinstatement of a
			 suspended license and the issuance of a new license following the revocation or
			 voluntary surrender of a license.
(2) Any person whose license has been revoked
			 or suspended by the board, or who voluntarily surrendered a license in a
			 disciplinary proceeding, may apply to the board for reinstatement in accordance
			 with the terms of the order of revocation or suspension, or order accepting the
			 voluntary surrender, unless the order of revocation provides that the license
			 is permanently revoked.
(3) Unless
			 otherwise provided by law, if the order of revocation or suspension did not
			 establish terms and conditions upon which reinstatement might occur, or if the
			 license was voluntarily surrendered, an initial application for reinstatement
			 cannot be made until at least one year has elapsed from the date of the order
			 or the date the board accepted the voluntary surrender of a license.
(4) All proceedings for reinstatement will be
			 initiated by the respondent, who will file with the board an application for
			 reinstatement of the respondent's license. Such application will be docketed in
			 the original case in which the license was revoked, suspended, or relinquished.
			 All proceedings upon the application for reinstatement will be subject to the
			 same rules of procedure as other cases before the board.
(5) An application for reinstatement will
			 allege facts which, if established, are sufficient to enable the board to
			 determine that the basis of revocation, suspension or voluntary surrender of
			 the respondent's license no longer exists and that it will be in the public
			 interest for the license to be reinstated. Compliance with rule
			 641-33.31 (17A,272C) must also
			 be established. The burden of proof to establish such facts is on the
			 respondent.
(6) An order of
			 reinstatement will incorporate findings of fact and conclusions of law and be
			 based upon the affirmative vote of no fewer than a majority of the board. This
			 order will be published as provided for in subrule 33.30(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.1 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Complaints can
			 be submitted online, in writing, or verbally and should include the name and
			 contact information of the complainant, the name of the licensee, and a concise
			 statement of the allegations against the licensee. A complaint may also be
			 initiated by the board.
(2) A
			 person is not civilly liable for filing a complaint in good faith with the
			 board, or for cooperating with a board investigation per Iowa Code section
			 272C.8.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.2 - Report of Malpractice Claims or Actions or Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
The licensee will submit any judgment or settlement in a
				malpractice claim or any disciplinary action taken by another licensing
				authority in another state or jurisdiction to the board within 30 days of the
				date of occurrence.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.3 - Report of Acts or Omissions

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee having knowledge of rules violations committed by
				another licensee will file a report to the board. The report will include the
				name and contact information of the licensee and the date, time, and place of
				the incident.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 34 - Plumbing and Mechanical Systems Board-complaints and Investigations › Rule 641-34.4 - Investigation of Complaints or Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Board staff may request additional information, solicit a
				response from the licensee, subpoena records, conduct interviews, gather
				evidence, and perform other investigatory duties as necessary to inform the
				board.