reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 36 - Nonpayment of State Debt › Rule 650-36.1 - 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.
"Applicant"
means an individual who is
				  seeking the issuance of a license
"Board"
means the Iowa dental board.
"Centralized collection unit"
means the
				  centralized collection unit of the Iowa department of revenue.
"Certificate of noncompliance "
means a
				  document provided by the centralized collection unit of the department of
				  revenue certifying that the named applicant, licensee, permit holder, or
				  registrant has an 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, permit, or
				  registration as required by the Act.
"Revocation or suspension notice "
means a
				  board notification suspending a license, registration, or permit for an
				  indefinite or specified period of time or a notification revoking a license,
				  permit, or registration as required by the Act.
"Withdrawal certificate"
means a document
				  provided by the centralized collection unit certifying that the certificate of
				  noncompliance is withdrawn and that the board may proceed with issuance,
				  reinstatement, or renewal of a license, permit, or
				  registration.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 36 - Nonpayment of State Debt › Rule 650-36.4 - Sharing of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding any statutory confidentiality provision, the
				  board may share information with the centralized collection unit of the
				  department of revenue through automated means for the sole purpose of
				  identifying applicants, licensees, permit holders, or registrants subject to
				  enforcement under Iowa Code chapter 272D.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 50 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 650-50.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Complete criminal record"
includes the
				  complaint and judgment of conviction for each offense of which the applicant
				  has been convicted, regardless of whether the offense is classified as a felony
				  or a misdemeanor, and regardless of the jurisdiction in which the offense
				  occurred.
"Conviction"
means a finding, plea, or
				  verdict of guilt made or returned in a criminal proceeding, even if the
				  adjudication of guilt is deferred, withheld, or not entered. "Conviction"
				  includes Alford pleas and pleas of nolo contendere.
"Disqualifying offense"
means a conviction
				  directly related to the duties and responsibilities of the profession. A
				  conviction is directly related to the duties and responsibilities of the
				  profession if either (1) the actions taken in furtherance of an offense are
				  actions customarily performed within the scope of practice of a licensed
				  profession, or (2) the circumstances under which an offense was committed are
				  circumstances customary to a licensed profession.
"License"
means any license, registration,
				  or permit issued by the board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 50 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 650-50.2 - 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 650-50.3 (272C), the applicant's
				  convictions will be reviewed when the board receives a completed license
				  application.
(1) 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) 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 the profession in order for the license application
				to be considered complete.
(3) 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) 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) An applicant with one or more
				disqualifying offenses who has been found rehabilitated must still satisfy all
				other requirements for licensure.
(6) Any application fees paid will not be
				refunded if the license is denied.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 50 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 650-50.3 - 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 profession 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. Payment of a
				nonrefundable fee of $25.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 50 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 650-50.4 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A petitioner deemed ineligible or an applicant denied a
				  license due to a disqualifying offense may appeal the decision in the manner
				  and timeframe 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
				  this rule. If the petitioner or applicant fails to timely appeal, the board's
				  written decision will become a final order.
(1) 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) 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) 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 petitioner's or
				applicant's convictions 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) 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 50 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 650-50.5 - 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined
				  by Iowa Code section
				  17A.2(5)
				   and includes any matter defined as a no
				  factual dispute contested case under 1998 Iowa Acts, chapter 1202, section
				  14.
"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.
"Party"
means the state or the
				  respondent.
"Presiding officer"
means the board of
				  dental examiners or a panel of the board. In a disciplinary contested case
				  proceeding, the board may request that an administrative law judge make initial
				  rulings on prehearing matters, and assist and advise the board in presiding at
				  the disciplinary contested case hearing.
"Proposed decision"
means the hearing
				  panel's recommended findings of fact, conclusions of law, decision, and order
				  in a contested case in which the full board did not preside.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.3 - Probable Cause

Current through Register Vol. 47, No. 3, July 24, 2024
In the event the board finds there is probable cause for
				  taking disciplinary action against a licensee following investigation of a
				  complaint, the board shall order a contested case hearing be commenced by the
				  filing of a statement of charges and notice of hearing.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.5 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
				shall be computed as provided in Iowa Code subsection
				4.1(34).
(2) 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.6 - Statement of Charges and Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of
				the statement of charges and 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.
				Restricted certified mail, return receipt requested; or
c. Publication, as provided in the Iowa Rules
				of Civil Procedure.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.7 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Following the filing of the statement of charges and notice
				  of hearing, the office of the attorney general shall be responsible for the
				  legal representation of the public interest in all proceedings before the
				  board.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.8 - 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 or a panel of the board. However, the board may request that an
				  administrative law judge assist the board with initial rulings on prehearing
				  matters. Decisions of the administrative law judge serving in this capacity are
				  subject to the interlocutory appeal provisions of rule 650-51.25 (17A). In
				  addition, an administrative law judge may assist and advise the board in
				  presiding at the contested case hearing.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.9 - Presiding Officer in a Nondisciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 written request within 20 days after
				service of a notice of hearing which identifies or describes the presiding
				officer as the board.
(2) The board
				may deny the request only upon a finding that one or more of the following
				apply:
a. There is 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 51.9(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 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.10 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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;
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; or
g. Has any other legally sufficient cause to
				withdraw from participation in the decision making in that case.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.11 - 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Pleadings.
Pleadings may be required by rule, by the notice of
				hearing, or by order of the presiding officer.
(2)
Answer.
An answer shall
				be filed within 20 days of service of the statement of charges and notice of
				hearing.
a. An answer shall show on whose
				behalf it is filed and specifically admit, deny, or otherwise answer all
				material allegations of the statement of charges. It shall state any facts
				deemed to show an affirmative defense and contain as many additional defenses
				as the pleader may claim.
b. An
				answer shall state the name, address and telephone number of the person filing
				the answer, the person or entity on whose behalf it is filed, and the attorney
				representing that person, if any.
c. Any allegation in the statement of charges
				not denied in the answer is considered admitted.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.13 - 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 assistant attorney general designated as prosecutor for the state or the
				board, simultaneously with their filing. Except for the original 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 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.
(3)
Filing
-
when
				required.
After the notice of hearing, all documents in a contested
				case proceeding shall be filed with the board. All documents that are required
				to be served upon a party shall 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 of Dental Examiners,
				400 S.W. 8th Street, Suite D, Des Moines, Iowa 50309-4687, delivered to an
				established courier service for immediate delivery to that office, or mailed by
				first-class mail or state interoffice mail to that office, so long as there is
				proof of mailing.
(5)
Proof
				of mailing.
Proof of mailing includes either: a legible United States
				Postal Service postmark on the envelope, a certificate of service, a notarized
				affidavit, or 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 of Dental Examiners, 400 S.W. 8th Street, Suite D, Des
				  Moines, Iowa 50309-4687, 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.14 - 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 or by order of the presiding
				officer, time periods for compliance with discovery shall 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 shall be ruled upon by
				the presiding officer. Opposing parties shall be afforded the opportunity to
				respond within ten days of the filing of the motion unless the time is
				shortened as provided in subrule 51.14(1). The presiding officer may rule on
				the basis of the written motion and any response, or may order argument on the
				motion.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.15 - Issuance of Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				  17A.13(1)
				   and
				  272C.6(3),
				  the board has the authority to issue subpoenas to compel the attendance of
				  witnesses at depositions or hearing and to compel the production of evidence
				  deemed necessary in connection with a contested case. A subpoena issued by the
				  board in a contested case may seek evidence whether or not it is privileged or
				  confidential under law.
(1) The
				executive director or designee may, upon the written request of the licensee or
				the state, issue a subpoena to compel the attendance of witnesses at
				depositions or hearing, and to compel the production of books, correspondence,
				papers, records, and other real evidence deemed necessary in connection with a
				contested case. A subpoena to produce evidence or to permit inspection may be
				joined with a subpoena to testify at a deposition or hearing, or may be issued
				separately. A request for a subpoena of mental health records must confirm that
				the conditions described in 650-subrule 31.5(1) have been satisfied prior to
				the issuance of the subpoena.
(2) 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
				650-subrule 31.5(1) have been satisfied.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.16 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
				form for motions is required. However, 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 a
				motion.
(3) The presiding officer
				may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must 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.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.17 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				party may request a prehearing conference. Prehearing conferences shall be
				conducted by the executive director, 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 director's own motion shall be
				filed prior to the contested case hearing, but no later than 20 days prior to
				the hearing date.
(2) The parties
				at a prehearing conference shall be prepared to discuss the following subjects,
				and the executive director 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
				exhibits.
e. Submission of expert
				and other witness lists. Witness lists may be amended subsequent to the
				prehearing conference within the time limits established by the executive
				director or administrative law judge at the hearing conference. Any such
				amendments must be served on all parties. 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. Exhibits, other than rebuttal 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 which the parties intend to request be officially noticed.
i. Consideration of any additional matters
				which will expedite the hearing.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.18 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances
				  shall be filed with the board. In the event the application for continuance is
				  not contested, the executive director shall serve as presiding officer and
				  issue the appropriate order. In the event the application for continuance is
				  contested, the matter shall be heard by the board as presiding officer or may
				  be delegated by the board to an administrative law judge.
(1) A written application for a continuance
				shall:
a. Be made at the earliest possible
				time and no less than five working days before the hearing except in case of
				unanticipated emergencies;
b. State
				the specific reasons for the request; and
c. Be signed by the requesting party or the
				party's representative.
An oral application for a continuance may be made if the
				  presiding officer waives the requirement for a written motion. However, a party
				  making such an oral application for a continuance must confirm that request by
				  written application within two days after the oral request unless that
				  requirement is waived by the presiding officer. No application for continuance
				  shall be made or granted without notice to all parties except in an emergency
				  where notice is not feasible.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.19 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A contested
				case may be resolved by informal settlement. Settlement negotiations may be
				initiated at any stage of a contested case by the executive director,
				prosecuting attorney, the respondent, the board or its designee. Neither the
				board nor the respondent is required to participate in the informal settlement
				process. The executive director and chairperson of the board, or the
				chairperson's designee(s), shall have authority to negotiate on behalf of the
				board.
(2) The full board shall not
				be involved in negotiation until a written proposed settlement is submitted to
				the full board for approval, unless both parties waive this
				prohibition.
(3) Consent to
				negotiation by the respondent during informal settlement negotiation
				constitutes a waiver of notice and opportunity to be heard pursuant to Iowa
				Code section
				17A.17.
				Thereafter, the prosecuting attorney is authorized to discuss informal
				settlement with the board chairperson or designee(s).
(4) Negotiations for a proposed settlement
				shall be completed at least ten days prior to the hearing date set by the order
				for hearing. However, after consultation with the board chairperson or
				designee, the executive director shall have the power to grant additional time
				for continued negotiations in instances where additional time will likely lead
				to a satisfactory settlement prior to the hearing date.
(5) No proposed settlement shall be presented
				to the board for approval until it is in final, written form signed by the
				respondent.
(6) All proposed
				settlements are subject to approval of a majority of the full board. If the
				board fails to approve a proposed settlement, it shall be of no force or effect
				to either party. The proposed settlement shall be binding if approved by the
				board and signed by both the chairperson or the chairperson's designee and the
				respondent.
(7) A board member who
				participates in the negotiation of a proposed settlement is not disqualified
				from participating in the adjudication of the contested case.
(8) Consent to settlement negotiations by the
				respondent constitutes a waiver of any objection to the participation in the
				adjudication of the contested case of any board member who participated in the
				review of a settlement agreement which was not approved by the board.
(9) A provision for payment of a quarterly
				fee as stated in 650-Chapter 15 or such other fees as specified by the board
				may be included in the settlement agreement.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.21 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
				officer shall rule on 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. The presiding officer may make a decision based on stipulated
				facts.
(3) Evidence in the
				proceeding shall be confined to the issues as to which the parties received
				notice prior to the hearing unless the parties waive their right to such notice
				or the presiding officer determines that good cause justifies expansion of the
				issues. If the presiding officer decides to admit 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, shall receive a
				continuance sufficient to amend pleadings and to prepare on the additional
				issue.
(4) The party seeking
				admission of an exhibit must provide opposing parties with an opportunity to
				examine the exhibit prior to the ruling on its admissibility. Copies of
				documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall 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 shall 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 shall 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. The party making the offer of proof for excluded oral
				testimony shall briefly summarize the testimony or, with permission of the
				presiding officer, present the testimony. If the excluded evidence consists of
				a document or exhibit, it shall be marked as part of an offer of proof and
				inserted in the record.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.22 - 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 rule 650-51.26 (17A). 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 shall be granted only
				for good cause shown. The burden of proof as to good cause is on the moving
				party. Adverse parties shall have ten days to respond to a motion to vacate.
				Adverse parties shall 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
				shall have the same meaning as "good cause" for setting aside a default
				judgment under Iowa Rule of Civil Procedure 236.
(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 650-51.25 (17A).
(8) If a motion to vacate is granted and no
				timely interlocutory appeal has been taken, the presiding officer shall issue
				another notice of hearing and the contested case shall proceed
				accordingly.
(9) A default decision
				may provide either that the default decision is to be stayed pending a timely
				motion to vacate or that the default decision is to take effective immediately,
				subject to a request for stay under rule 650-51.28 (17A).
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.24 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall 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 shall be paid by the requesting
				  party.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.25 - 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 director,
				  administrative law judge, or hearing panel. In determining whether to do so,
				  the board shall consider:
1. The
				extent to which its 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.
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 hearing, whichever is
				  first.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.26 - Proposed and Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				When a quorum of the board presides over the reception of the evidence at the
				hearing, the decision is a final decision.
(2) When a panel of three specialists
				presides over the hearing, the panel shall issue a proposed decision which
				shall include proposed findings of fact but shall not include conclusions of
				law. A proposed decision of a hearing panel of specialists, together with a
				transcript of the proceedings and exhibits presented, shall be reviewed by the
				board within 30 days of the date the proposed decision was issued. The parties
				shall have the opportunity to submit briefs and arguments to the board. The
				decision of the board is a final decision.
(3) When a panel of three board members or
				the dental hygiene committee presides over the hearing, the panel shall issue a
				proposed decision which shall include proposed findings of fact, conclusions of
				law, and order. A proposed decision, together with a transcript of the
				proceedings and the exhibits presented, shall be reviewed by the board within
				30 days of the date the proposed decision was issued. A proposed decision of a
				board hearing panel becomes a final decision without further proceedings unless
				appealed in accordance with the following provisions:
a. The board may review a proposed decision
				on its own motion by serving a notice of appeal on the parties within 30 days
				after issuance of the proposed decision.
b. A proposed decision may be appealed to the
				board by either party by serving on the executive director, either in person or
				by certified mail, a notice of appeal within 30 days after service of the
				proposed decision on the appealing party.
c. Following receipt of a notice of appeal,
				the board shall enter an order establishing a schedule for submission of briefs
				and oral argument. The parties shall serve their briefs on the board and shall
				furnish an additional copy to each party by first-class mail.
d. Oral argument shall be heard by the board
				unless waived by both parties. The time granted each party for oral argument
				shall be established by the board.
e. The record on appeal shall be the entire
				record made before the hearing panel or administrative law judge. Costs
				associated with the appeal shall be paid by the appealing party.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.27 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
				file an application for rehearing from a final order.
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
				specific grounds for rehearing, and the relief sought. In addition, the
				application shall state whether the applicant desires reconsideration of all or
				part of the board decision on the existing record and whether, on the basis of
				the grounds enumerated in subrule 51.27(5), the applicant requests an
				opportunity to submit additional evidence.
(3)
Time of filing.
The
				application shall be filed with the board within 20 days after issuance of the
				final decision.
(4)
Notice
				to other parties.
A copy of the application shall be timely mailed by
				the applicant to all parties of record not joining therein.
(5)
Additional evidence.
A
				request that additional evidence be considered on rehearing shall be governed
				by subrule 51.26(5).
(6)
Disposition.
Any application for a rehearing shall be deemed
				denied unless the board grants the application within 20 days after its
				filing.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.28 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
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 or pending judicial
				review. The petition shall state the reasons justifying a stay or other
				temporary remedy.
(2)
When
				granted.
In determining whether to grant a stay, the board shall
				consider the factors listed in 1998 Iowa Acts, chapter 1202, section 23(5c).
				The board shall not grant a stay in any case in which the district court would
				be expressly prohibited by statute from granting a stay.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.29 - 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.30 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 1998 Iowa Acts, chapter 1202, section 21, 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 shall 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 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.31 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision may be sought in
				  accordance with the terms of Iowa Code chapter 17A as amended by 1998 Iowa
				  Acts, chapter 1202, and Iowa Code section
				  153.33(4)
"g"
and
"h."
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.32 - Notification of Decision

Current through Register Vol. 47, No. 3, July 24, 2024
All parties to a contested case shall be promptly furnished
				  with a copy of any decision or order either by personal delivery or by
				  certified or first-class mailing. Delivery or first-class mailing of any
				  decision or order to an attorney of record in a contested case hearing shall
				  constitute notification of the respondent. Service by mail is complete upon
				  mailing.
Iowa Administrative Code › Agency 650 - Dental Board › Title VI - Professional Regulation › Chapter 51 - Contested Cases › Rule 650-51.33 - Publicizing Disciplinary Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Final decisions of the board relating to
				licensee discipline shall be transmitted to the appropriate state and national
				professional associations and news media, which may include a newspaper(s) of
				general circulation, and to other news media, person or organization upon
				request.
(2) The board shall notify
				other boards of dentistry in states where the respondent is also licensed of
				disciplinary action taken against the Iowa licensee.
(3) The board shall notify the American
				Association of Dental Examiners of disciplinary action taken against an Iowa
				licensee.
(4) The board shall, in
				accordance with federal law, notify the National Practitioners Data Bank of
				disciplinary action taken against an Iowa licensee.