reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.33 - 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.
Parties who request that a hearing be recorded by certified
				shorthand reporters rather than by electronic means shall bear the cost of such
				recording, unless otherwise provided by law.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.34 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
When the board presides over reception of the evidence at the
				hearing, its decision is a final decision.
(1) When a panel of specialists presides over
			 the reception of evidence at the hearing, the findings of fact shall be
			 considered by the board at the earliest feasible time. The decision of the
			 board is a final decision.
(2) A
			 final decision in a contested case proceeding shall be in writing and include
			 findings of fact and conclusions of law, separately stated.
a. Findings of fact shall be accompanied by a
			 concise and explicit statement of underlying facts supporting the
			 findings.
b. The decision shall
			 include an explanation of why the relevant evidence in the record supports each
			 material finding of fact.
c.
			 Conclusions of law shall be supported by cited authority or by a reasoned
			 opinion.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.35 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 final decision of the board to the district court within 30 days after
			 issuance, in accordance with Iowa Code section
			 17A.19.
(2)
Review.
The board may
			 initiate review of the decision or order on its own motion at any time within
			 30 days following the issuance of such a decision.
(3)
Notice of appeal.
An
			 appeal of a decision or order is initiated by filing a timely notice of appeal
			 with the board. The notice of appeal must be signed by the appealing party or a
			 representative of that party and contain a certificate of service. The notice
			 shall specify:
a. The parties initiating the
			 appeal;
b. The proposed decision or
			 order appealed from;
c. The
			 specific findings or conclusions to which exception is taken and any other
			 exceptions to the decision or order;
d. The relief sought;
e. The grounds for relief.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.36 - 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 agency decision on the existing record
			 and whether, on the basis of the grounds enumerated in subrule 10.36(4), the
			 applicant requests an opportimity to submit additional evidence.
(3)
Time of filing.
The
			 application shall be filed with the board office 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. If
			 the application does not contain a certificate of service, the board shall
			 serve copies on all parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied imless the agency grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.37 - 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 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.38 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety, or welfare, the board may issue a written order
			 in compliance with Iowa Code section
			 17A.18 to suspend a
			 credential 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 811 - Veterinary Medicine Board › Chapter 11 - Continuing Education › Rule 811-11.2 - Exemptions for an Inactive Veterinary Licensee

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee residing within or outside Iowa who is not engaged
				in practice in the state of Iowa may be granted a waiver of compliance and
				obtain a certificate of exemption upon paying the annual license renewal fee.
				The licensee is to provide a written application to the board that includes a
				statement that the applicant will not engage in the practice of veterinary
				medicine in Iowa without first complying with all the rules governing
				reactivation after exemption. The application for a certificate of exemption is
				to be submitted on a form provided by the board.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 11 - Continuing Education › Rule 811-11.3 - Reactivation of License

Current through Register Vol. 47, No. 3, July 24, 2024
A veterinarian whose license has lapsed or been placed on
				inactive status is to provide evidence of completion of a total number of hours
				of accredited continuing education computed by multiplying 20 by the number of
				years since the date of the last issuance of the license for which reactivation
				is sought.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 12 - Standards of Practice › Rule 811-12.1 - Veterinarian/client/patient Relationships

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall determine, on a
			 case-by-case basis, whether a valid veterinarian/client/patient relationship
			 exists. This relationship is deemed to exist when all of the following criteria
			 have been met:
a. The licensed veterinarian
			 has assumed the responsibility for making medical judgments regarding the
			 health of the patient and the need for medical treatment, and the client has
			 agreed to follow the instructions of the licensed veterinarian;
b. The licensed veterinarian has sufficient
			 knowledge of the patient to initiate at least a general or preliminary
			 diagnosis of the medical condition of the patient. Sufficient knowledge means
			 that the licensed veterinarian has recently seen or is personally acquainted
			 with the keeping and care of the patient by virtue of any of the following:
(1) A physical examination of the patient
			 within the past 12 months;
(2) A
			 professional visit within the past 12 months to the premises where the patient
			 or representative patients are housed, kept, located or grazed; or
(3) The licensed veterinarian has been
			 temporarily designated by a licensed veterinarian, who has a prior
			 veterinarian/client/patient relationship, to provide reasonable and appropriate
			 medical care. The veterinarian making the designation must meet the
			 requirements of either subparagraph 12.1(1)
"b"
(1) or
			 12.1(1)
"b"
(2), and the designated veterinarian must have
			 access to the patient's medical records.
The 12-month time period in paragraph
				12.1(1)
"b"
does not apply until June 14,
				2023;
c. The
			 licensed veterinarian is readily available or provides for follow-up care in
			 case of adverse reactions or failure of the regimen of therapy, or, if
			 unavailable, has designated another available licensed veterinarian who has
			 access to the patient's records to provide reasonable and appropriate medical
			 care.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 12 - Standards of Practice › Rule 811-12.2 - Controlled Substances, Drugs, Prescription Medications and Specific Restricted Immunization Products

Current through Register Vol. 47, No. 3, July 24, 2024
When state or federal law restricts a drug, medication or
				immunization product intended for use by or on the order of a licensed
				veterinarian, the licensed veterinarian can only sell, distribute or order the
				drug or medication in the course of the licensed veterinarian's professional
				practice. A prescription veterinary drug, medication or immunization product
				shall not be deemed to be used "in the course of the licensed veterinarian's
				professional practice" unless a valid veterinarian/client/patient relationship
				exists.
(1)
Prescriptions.
Orders for all such drugs, medications or
			 immunization products shall be accompanied by the licensed veterinarian's
			 original prescription that shows the following:
a. Licensed veterinarian's name, address and
			 telephone number;
b. Client's
			 name;
c. Patient's name or
			 identification;
d. Date
			 issued;
e. Drug, medication or
			 product name, strength and quantity;
f. Directions for use;
g. Number of times the prescription may be
			 refilled;
h. Expiration date of the
			 drug, medication or product; and
i.
			 Applicable withdrawal period (paragraph 12.2(2)
"d"
) for
			 livestock and poultry.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 12 - Standards of Practice › Rule 811-12.3 - Prescription Drug or Medication Labeling and Packaging

Current through Register Vol. 47, No. 3, July 24, 2024
A licensed veterinarian shall comply with all of the following
				requirements for the storage, handling, dispensing and administering of a drug
				or medication.
(1) All prescription
			 drugs, medications and controlled substances shall be purchased, maintained,
			 handled, prescribed and dispensed in compliance with state and federal
			 requirements including but not limited to the requirements of the Iowa board of
			 pharmacy, the U.S. Occupational Safety and Health Administration, the U.S.
			 Department of Agriculture, the U.S. Food and Drug Administration, the U.S.
			 Environmental Protection Agency and the U.S. Drug Enforcement Administration.
a. A valid veterinarian/client/patient
			 relationship shall be established before prescription drugs or medications may
			 be dispensed or a prescription released. All drugs or medications administered,
			 prescribed or dispensed shall be documented in the patient's medical record.
			 The sale of veterinary prescription drugs or medications or the extra-label use
			 of any drug, medication or product by a licensed veterinarian without a valid
			 veterinarian/client/patient relationship is not permissible.
b. If a veterinarian prescribes a drug for
			 the client's animal, the veterinarian shall, upon request, provide the
			 prescription to the client, unless barred by state or federal law or to prevent
			 inappropriate use. The veterinarian may charge a fee for issuing the
			 prescription. This paragraph does not apply to livestock as defined in Iowa
			 Code section 717.1(4).
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 12 - Standards of Practice › Rule 811-12.4 - Veterinary Medical Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Controlled substances records.
The licensed veterinarian must
			 maintain a controlled substance log that contains complete, accurate and
			 readily retrievable records of all controlled substances possessed,
			 administered or dispensed.
a. Each record of a
			 controlled substance that is dispensed must meet all U.S. Drug Enforcement
			 Administration and Iowa board of pharmacy regulations for the controlled
			 substances log.
b. Each log record
			 must include the following information:
(1)
			 Name or identification of the patient.
(2) Client's name and address, if not readily
			 available from the licensed veterinarian's records.
(3) Name, strength and quantity of the
			 controlled substance dispensed.
(4)
			 Date on which the controlled substance was dispensed.
(5) Initials of the dispensing licensed
			 veterinarian or authorized auxiliary.
(6) Name of the prescribing licensed
			 veterinarian.
c. All
			 controlled substances must be kept in a locked storage area, and access to the
			 storage area must be limited pursuant to state and federal laws and
			 regulations.
d. Each package or
			 container in which a controlled substance is stored or dispensed must be
			 clearly labeled pursuant to the requirements set forth in state and federal
			 laws and regulations.
e. Each
			 package or container in which a controlled substance is stored or dispensed
			 must comply with all state and federal packaging requirements and with rule
			 811-12.2
			 (169).
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 12 - Standards of Practice › Rule 811-12.5 - Veterinary Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Facility standards.
The following standards apply to all
			 facilities used by a licensed veterinarian to provide veterinary services.
a.
Facilities for treatment or
			 hospitalization.
In a facility where patients are examined and
			 retained for treatment or hospitalization, the following must be provided:
(1) An examination room, separate from the
			 reception room or office, with sufficient size to accommodate the licensed
			 veterinarian, assistant, patient and client.
(2) Nonporous tabletops, countertops and
			 floor coverings that can be adequately cleaned and disinfected.
(3) The ability to house patients separately
			 and maintain sanitary conditions.
(4) Appropriate separation of patients with
			 known or suspected infectious and contagious diseases from patients not known
			 to have such diseases in a manner that reasonably guards against transmission
			 of disease.
(5) Provision for daily
			 exercise of patients unless the primary enclosure is of sufficient size to
			 provide exercise.
(6) Exercise
			 areas that are cleaned a minimum of once in each 24-hour period and more
			 frequently as may be necessary to reduce disease hazards and odors.
(7) A sanitary area for performing surgeries
			 under sterile conditions. If sterile surgical procedures are performed on the
			 premises, the licensed veterinarian must maintain the following at all times:
1. Appropriate sterile surgical packs
			 including drapes, sponges and instrumentation for use in each
			 procedure.
2. For each sterile
			 surgical procedure, equipment sterilized and surgical packs properly prepared
			 for sterilization sufficient to kill microorganisms.
3. Clean attire, masks and gloves for use in
			 any sterile procedure.
(8) Oxygen and equipment necessary to
			 administer oxygen to the types of patients treated in the facility.
(9) Capability to provide diagnostic
			 radiological images in the facility or through an outside facility.
(10) Provision for laboratory and
			 pharmaceutical services in the facility or through another commercial
			 facility.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 13 - Collection Procedures › Rule 811-13.1 - Licensing Actions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to other reasons specified by statute or rule, the
				board will refuse to issue a credential or may revoke, suspend, or not renew
				any credential for which it has jurisdiction if the board is in receipt of a
				certificate of noncompliance from the child support recovery unit pursuant to
				the procedures set forth in Iowa Code chapter 252J or from the centralized
				collection unit of the department of revenue pursuant to the procedures set
				forth in Iowa Code chapter 272D.
An applicant or credential holder whose application is denied
				or whose credential is denied, suspended, or revoked because of receipt by the
				board of a certificate of noncompliance issued by the child support recovery
				unit or by the centralized collection unit of the department of revenue is
				subject to the provisions of rule
				811-13.1 (169,252J,272D).
				Procedures specified in 811-Chapter 10 for contesting board actions do not
				apply.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 13 - Collection Procedures › Rule 811-13.2 - Collection Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following procedures apply to actions taken by the board on
				a certificate of noncompliance pursuant to Iowa Code chapter 252J or
				272D:
(1) The notice mandated by Iowa
			 Code section 252J.8 or
			 272D.8 will be served upon the
			 applicant or credential holder by restricted certified mail, return receipt
			 requested, or personal service in accordance with Iowa Rule of Civil Procedure
			 1.305. Alternatively, the applicant or credential holder may accept service
			 personally or through authorized counsel.
(2) The effective date of revocation or
			 suspension of a credential or the denial of the issuance or renewal of a
			 credential, as specified in the notice mandated by Iowa Code section
			 252J.8 or
			 272D.8, is 60 days following
			 service of the notice upon the credential holder or applicant.
(3) Applicants and credential holders shall
			 keep the board informed of all court actions and all child support recovery
			 unit actions taken under or in connection with Iowa Code chapter 252J or the
			 centralized collection unit actions taken in connection with Iowa Code chapter
			 272D. Applicants and credential holders shall provide the board copies, within
			 seven days of filing or issuance, of all applications filed with the district
			 court pursuant to Iowa Code section
			 252J.9 or
			 272D.9, all court orders entered
			 in such actions, and withdrawals of certificates of noncompliance by the child
			 support recovery unit or by the centralized collection unit of the department
			 of revenue.
(4) All board fees for
			 applications, credential renewals or reinstatements will be paid by the
			 applicant or credential holder before a credential will be issued, renewed or
			 reinstated after the board has denied the issuance or renewal of a credential
			 or has suspended or revoked a credential pursuant to Iowa Code chapter 252J or
			 272D.
(5) If an applicant or
			 credential holder timely files a district court action following service of a
			 board notice pursuant to Iowa Code sections
			 252J.8 and
			 252J.9 or Iowa Code sections
			 272D.8 and
			 272D.9, the board will continue
			 with the intended action described in the notice upon receipt of a court order
			 lifting the stay, dismissing the action, or otherwise directing the board to
			 proceed. For the purpose of determining the effective date of revocation or
			 suspension, or denial of the issuance or renewal of a credential, the board
			 will count the number of days before the action was filed and the number of
			 days after the action was disposed of by the court.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, "waiver" means action by the
				board that suspends in whole or in part the requirements or provisions of a
				rule as applied to an identified person on the basis of the particular
				circumstances of that person.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision supersedes this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				811-14.6(17A,169), the board may issue an order waiving in whole or in part the
				requirements of a rule in accordance with Iowa Code section
				17A.9A(2)
"a"
through
"d."
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver will only be considered by the board if
				it is submitted in writing to the board as follows:
(1)
Credential application.
If the petition relates to a credential application, the petition is made in
			 accordance with the filing requirements for the credential in
			 question.
(2)
Contested
			 cases.
If the petition relates to a pending contested case, the
			 petition is filed in the contested case proceeding using the caption of the
			 contested case.
(3)
Other.
If the petition does not relate to a credential
			 application or a pending contested case, the petition is submitted to the
			 board's secretary.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver will only be considered by the board if
				it includes the following information where applicable and known to the
				requester:
1. The name, address, and
			 telephone number of the entity or person for whom a waiver is being requested
			 and the case number of any related contested case.
2. A description and citation of the specific
			 rule from which a waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts that the petitioner believes would justify a waiver under
			 each of the four criteria described in rule
			 811-14.4 (17A,169), a signed
			 statement from the petitioner attesting to the accuracy of the facts provided
			 in the petition, and a statement of reasons that the petitioner believes will
			 justify a waiver.
5. A history of
			 any prior contacts between the board and the petitioner relating to the
			 regulated activity or credential affected by the proposed waiver, including a
			 description of each affected credential held by the requester, any notices of
			 violation, contested case hearings, or investigative reports relating to the
			 regulated activity or credential within the last five years.
6. Any information known to the requester
			 regarding the board's treatment of similar cases.
7. The name, address, and telephone number of
			 any public agency or political subdivision that also regulates the activity in
			 question or that might be affected by the granting of a waiver.
8. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
9. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the board with information relevant to the waiver.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the board's executive secretary, a committee of the board, or a quorum of the
				board.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board will acknowledge a petition upon receipt. The board
				will ensure that, within 30 days of the receipt of the petition, notice of the
				pendency of the petition and a concise summary of its contents have been
				provided to all persons to whom notice is required by any provision of law. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is necessary by any provision of law and provide a
				written statement to the board attesting that notice has been
				provided.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10 through 17A.18A regarding
				contested case hearings apply to any petition for a waiver filed within a
				contested case and otherwise apply to agency proceedings for a waiver only when
				the board so provides by rule or order or is mandated to do so by
				statute.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver will be in writing and
				contain a reference to the particular person and rule or portion thereof to
				which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Time for ruling.
The board will grant or deny a petition for a
			 waiver as soon as practicable but, in any event, within 120 days of its receipt
			 unless the petitioner agrees to a later date. However, if a petition is filed
			 in a contested case, the board will grant or deny the petition no later than
			 the time at which the final decision in that contested case is
			 issued.
(2)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 applicable time period is deemed a denial of that petition by the board.
			 However, the board remains responsible for issuing an order denying a
			 waiver.
(3)
Service of
			 order.
Within seven days of its issuance, any order issued under this
			 chapter will be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition will be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section 17A.3. Petitions for a waiver
				and orders granting or denying a waiver petition are public records under Iowa
				Code chapter 22. Some petitions or orders may contain information the board is
				authorized or needs to keep confidential. The board may accordingly redact
				confidential information from petitions or orders prior to public
				inspection.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.12 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, the board will
				make a submission on the Internet site established pursuant to Iowa Code
				section 17A.9A(4)  for
				the submission of waiver information.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver;
2. The alternative means for ensuring that
			 the public health, safety, and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order is treated as a
				violation of the particular rule for which the waiver was granted. As a result,
				the recipient of a waiver under this chapter who violates a condition of the
				waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 14 - Waiver of Rules › Rule 811-14.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 15 - Military Service and Veteran Reciprocity › Rule 811-15.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means the Iowa board of veterinary
				medicine.
"License"
or
"licensure"
means any license, registration, certificate, or permit that may be granted by
				the Iowa board of veterinary medicine.
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c); or in the organized
				reserves of the United States, as provided in
				10 U.S.C. Section
				10101.
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Spouse"
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran"
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of "(agency name)" insert "board of veterinary
				medicine".
"Contested case"
means the same as defined in
				Iowa Code section 17A.2(5).
"Presiding officer"
means the chairperson of
				the board or designee.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(2) For
			 good cause, the presiding officer may extend or shorten the time to take any
			 action, except as precluded by statute. Except for good cause stated in the
			 record, before extending or shortening the time to take any action, the
			 presiding officer will afford all parties an opportunity to be heard or to file
			 written arguments.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The board will issue an order, notice of hearing, and statement
				of charges following its determination of probable cause pursuant to Iowa Code
				section 17A.12(2).
				Delivery of the notice of hearing constitutes the commencement of the contested
				case proceeding.
(1)
Notice.
a. The date, time,
			 and location of the hearing will be set by the board. The credential holder
			 will be notified at least 30 days prior to the scheduled hearing.
b. Notification will be in writing delivered
			 either by personal service as in civil actions or by certified mail with return
			 receipt requested. When the credential holder cannot be located:
(1) An affidavit will be prepared outlining
			 the measures taken to attempt service and will become a part of the record when
			 a notice cannot be delivered by personal service or certified mail, return
			 receipt requested.
(2) Notice of
			 hearing will be published once each week for three consecutive weeks in a
			 newspaper of general circulation, published or circulated in the county of
			 last-known residence of the credential holder. The newspaper will be selected
			 by the secretary or designee. The first notice of hearing will be published at
			 least 30 days prior to the scheduled hearing.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.6 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary hearings will be conducted by the board pursuant
				to Iowa Code section 272C.6. The chairperson of the
				board will designate the presiding officer in accordance with the provisions of
				Iowa Code section 17A.11.
(1) For
			 nondisciplinary proceedings, any party 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, appeals, and licensing must file a
			 written request within 20 days after service of a notice of hearing.
(2) In lieu of "agency (or its designee)"
			 insert "executive secretary".
c. The board
			 does not adopt X.6(2)
"c."
i. The request would not conform to the
			 disciplinary hearing provision of Iowa Code section
			 272C.6.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.9 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(4)
			 If a party asserts disqualification on any appropriate ground, including those
			 listed in subrule 16.9(1), the party must file a motion supported by an
			 affidavit pursuant to Iowa Code section
			 17A.17(7). The
			 motion must be filed as soon as practicable after the reason alleged in the
			 motion becomes known to the party. If, during the course of the hearing, a
			 party first becomes aware of evidence of bias or other grounds for
			 disqualification, the party may move for disqualification but must establish
			 the grounds by the introduction of evidence into the record.
If the presiding officer determines that disqualification is
				appropriate, the presiding officer or other person must withdraw. If the
				presiding officer determines that withdrawal is not required, the presiding
				officer must enter an order to that effect.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.12 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Filing-when required.
After the notice of hearing, all pleadings, motions, documents or other papers
			 in a contested case proceeding must be filed with the
			 board.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.17 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
The executive secretary has the authority to grant a
				continuance after consultation, if needed, with the chairperson of the
				board.
A request for continuance of a contested case matter must be
				submitted in writing to the board not later than seven days prior to the
				scheduled date of the hearing. Exceptions may be granted at the discretion of
				the executive secretary only in situations involving extenuating,
				extraordinary, or emergency circumstances.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.23 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(6) In
			 lieu of "executive director" insert "executive secretary".
(9) Promptly after being assigned to serve as
			 presiding officer on a hearing panel, as a member of a full board hearing, on
			 an intra-agency appeal, or other basis, a presiding officer must disclose to
			 all parties material factual information received through ex parte
			 communication prior to such assignment, unless the factual information has
			 already been or shortly will be disclosed pursuant to Iowa Code section
			 17A.13(2)  or
			 through discovery. Factual information contained in an investigative report or
			 similar document need not be separately disclosed by the presiding officer as
			 long as such documents have been or will shortly be provided to the
			 parties.
(10) In lieu of "(agency
			 to designate person to whom violations should be reported)" insert "the board's
			 executive secretary".
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.26 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
When the board presides over reception of the evidence at the
				hearing, its decision is a final decision.
(1) When a panel of specialists presides over
			 the reception of evidence at the hearing, the findings of fact will be
			 considered by the board at the earliest feasible time. The decision of the
			 board is a final decision.
(2) A
			 final decision in a contested case proceeding must be in writing and include
			 findings of fact and conclusions of law, separately stated.
a. Findings of fact must be accompanied by a
			 concise and explicit statement of underlying facts supporting the
			 findings.
b. The decision must
			 include an explanation of why the relevant evidence in the record supports each
			 material finding of fact.
c.
			 Conclusions of law must be supported by cited authority or by a reasoned
			 opinion.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.27 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 final decision of the board to the district court within 30 days after issuance
			 in accordance with Iowa Code section
			 17A.19.
(2)
Review.
The board may
			 initiate review of the decision or order on its own motion at any time within
			 30 days following the issuance of such a decision.
(3)
Notice of appeal.
In
			 lieu of "a proposed decision" insert "decision or order", and in lieu of
			 "(agency name)" insert "board".
(4)
Requests to present additional evidence.
In lieu of "14 days
			 (or other time period designated by the agency)" insert "15 days". In lieu of
			 "(board, commission, director)" insert "board".
(5)
Scheduling.
In lieu of
			 "(agency name)" insert "board".
(6)
Briefs and arguments.
In lieu of "(board, commission,
			 director)" insert "board".
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.28 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(3)
Time of filing.
In lieu
			 of "(agency name)" insert "board".
(4)
Notice to other parties.
In lieu of "(agency name)" insert "board".
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.30 - 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 817 - Volunteer Service, Iowa Commission On › Chapter 1 - Organization and Operation › Rule 817-1.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter describes the organization and operation of the
				Iowa commission on volunteer service (herein generally referred to as the
				commission), including the offices where and the means by which any interested
				person may obtain information and make submittals or
				requests.
Iowa Administrative Code › Agency 817 - Volunteer Service, Iowa Commission On › Chapter 1 - Organization and Operation › Rule 817-1.2 - Organization and Operation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location.
The commission is located at 1963 Bell Avenue, Suite
			 200, Des Moines, Iowa 50315; telephone Office hours are 8 a.m. to 4:30 p.m.,
			 Monday to Friday. Offices are closed on Saturdays and Sundays and on official
			 state holidays designated in accordance with state law.
(2)
The commission.
The
			 commission consists of 15 to 25 voting members and functions under the
			 leadership of a chairperson. Each member, appointed in accordance with federal
			 and state guidelines, serves a three-year term scheduled so that no more than
			 one-third of the appointments will expire in the same year.
(3)
Meetings.
The commission
			 shall meet at regular intervals at least four times annually. Additional
			 meetings may be called at the discretion of the chairperson. All meetings are
			 open to the public in accordance with the open meetings law, Iowa Code chapter
			 21.
a.
Chairperson.
The
			 chairperson of the commission presides at each meeting. Members of the public
			 may be recognized at the discretion of the chairperson.
b.
Public notice.
The
			 commission shall give advance public notice of the time and place of each
			 commission meeting. The notice will include the specific date, time, and place
			 of the meeting.
c.
Quorum.
A quorum shall consist of half of the current voting
			 members of the commission plus one. When a quorum is present, a position is
			 carried by an affirmative vote of the majority of commission members eligible
			 to vote. A commissioner is eligible to vote in person, by telephone hook-up, or
			 by proxy executed in writing to the chairperson prior to the meeting. A proxy
			 shall be valid only for one meeting.
d.
Termination.
Any
			 commissioner who does not attend three or more consecutive regular meetings or
			 who attends less than one-half of the regular meetings within a 12-month period
			 shall be considered to have resigned from the commission.
e.
Resignations.
A
			 commissioner wishing to resign may do so by submitting a letter of resignation
			 to the governor and sending a copy to the commission chairperson.
f.
Public presentations.
A
			 specific time is set aside at each meeting for the public to address the board.
			 As a general guideline, a limit of five minutes will be allocated for each of
			 these presentations. If a large group seeks to address a specific issue, the
			 chairperson may limit the number of speakers. To address the board, individuals
			 are encouraged to notify the commission staff at least 72 hours in advance of
			 the meeting.
Iowa Administrative Code › Agency 817 - Volunteer Service, Iowa Commission On › Chapter 2 - Rule Making › Rule 817-2.1 - Initiation of Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person may request the commission to
			 adopt, amend, or rescind a rule by making the request in writing to the
			 commission coordinator clearly stating the intent, purposes, and general
			 language of the desired rules.
(2)
			 The commission shall act upon the request within 60 days after its submission
			 in accordance with Iowa Code section
			 17A.7.
(3) The commission may initiate rule-making
			 procedures upon its own motion in accordance with Iowa Code section
			 17A.4.
Iowa Administrative Code › Agency 817 - Volunteer Service, Iowa Commission On › Chapter 2 - Rule Making › Rule 817-2.2 - Procedures for Oral or Written Presentations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Except where oral or written
			 presentations are deemed unnecessary by the commission in accordance with Iowa
			 Code section 17A.4(2), the
			 commission shall allow for the submission of oral or written presentations or
			 both prior to its adoption of any rules.
(2) Interested persons shall have at least 20
			 days from the date of publication of notice in the Iowa Administrative Bulletin
			 to submit written requests for oral presentations or to submit written
			 presentations.
(3) Notice of date,
			 time, and place of oral presentations by requesting parties will be published
			 in the Iowa Administrative Bulletin at least 20 days in advance of the
			 hearing.
(4) Interested parties may
			 be requested to supplement oral presentations with written presentations at the
			 discretion of the commission.