Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 133 - White Flashing Light Authorization › Rule 641-133.5 - Appeal of Denial, Probation, or Revocation of Authorization

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Denial,
			 probation, suspension or revocation shall be effected in accordance with the
			 requirements of Iowa Code section
			 17A.12.
			 Notice of denial, probation, suspension or revocation shall be served to the
			 alleged violator by restricted certified mail, return receipt requested, or by
			 personal service.
(2) Any request
			 for appeal concerning denial, probation, suspension or revocation shall be
			 submitted by the aggrieved party in writing to the department by certified
			 mail, return receipt requested, within 30 days of the receipt of the
			 department's notice. The address is: Iowa Department of Public Health, Bureau
			 of Emergency Medical Services, Lucas State Office Building, Des Moines, Iowa
			 50319-0075. If the request is made within the 30-day time period, the notice
			 shall be deemed to be suspended. Prior to or at the hearing, the department may
			 rescind the notice upon satisfaction that the reason for the denial, probation,
			 suspension or revocation has been or will be removed. If no request for appeal
			 is received within the 30-day time period, the department's notice of denial,
			 probation, suspension or revocation shall become the department's final agency
			 action.
(3) Upon receipt of an
			 appeal that meets contested case status, the appeal shall be forwarded within
			 five working days to the department of inspections and appeals pursuant to the
			 rules adopted by that agency regarding the transmission of contested cases. The
			 information upon which the adverse action is based and any additional
			 information which may be provided by the aggrieved party shall also be provided
			 to the department of inspections and appeals.
(4) The hearing shall be conducted according
			 to the procedural rules of the department of inspections and appeals found in
			 481-Chapter 4, Iowa Administrative Code.
(5) When the administrative law judge makes a
			 proposed decision and order, it shall be served by restricted certified mail,
			 return receipt requested, or delivered by personal service. That proposed
			 decision and order then becomes the department's final agency action without
			 further proceedings ten days after it is received by the aggrieved party imless
			 an appeal to the director is taken as provided in subrule 133.5(6).
(6) Any appeal to the director for review of
			 the proposed decision and order of the administrative law judge shall be filed
			 in writing and mailed to the director by certified mail, return receipt
			 requested, or delivered by personal service within ten days after the receipt
			 of the administrative law judge's proposed decision and order by the aggrieved
			 party. A copy of the appeal shall also be mailed to the administrative law
			 judge. Any request for an appeal shall state the reason for appeal.
(7) Upon receipt of an appeal request, the
			 administrative law judge shall prepare the record of the hearing for submission
			 to the director The record shall include the following:
a. All pleadings, motions, and
			 rules.
b. All evidence received or
			 considered and all other submissions by recording or transcript.
c. A statement of all matters officially
			 noticed.
d. All questions and
			 offers of proof, objections and rulings on them.
e. All proposed findings and
			 exceptions.
f. The proposed
			 decision and order of the administrative law judge.