reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.13 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 notice of hearing unless otherwise
			 ordered. A party may move to dismiss or apply for a more definite and detailed
			 statement when appropriate.
An answer shall show on whose behalf it is filed and
				specifically admit, deny, or otherwise answer all material allegations of the
				notice of hearing to which it responds. It shall state any facts deemed to show
				an affirmative defense and contain as many additional defenses as the pleader
				may claim.
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.
Any allegation in the notice of hearing not denied in the
				answer is considered admitted. The presiding officer may refuse to consider any
				defense not raised in the answer which could have been raised on the basis of
				facts known when the answer was filed if any party would be prejudiced.
(3) Amendment. Notices of hearing
			 and answers may be amended with the consent of the parties or in the discretion
			 of the presiding officer who may impose terms or grant a continuance.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.14 - Service and Filing of Pleadings and Other Papers

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, 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 of Educational Examiners, 701
			 East Court Avenue, Suite A, Des Moines, Iowa 50309. 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, 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 (agency office and address) 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 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.15 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules 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 11.15(1). The presiding officer may rule on
			 the basis of the written motion and any response, or may order argument on the
			 motion.
(3) Evidence obtained in
			 discovery may be used in the contested case proceeding if that evidence would
			 otherwise be admissible under rule 282-I1.22(I7A,272). In discovery matters,
			 the parties shall honor the rules of privilege imposed by law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.16 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subpoenas.
In connection with the investigation set forth in
			 rule
			 282-11.5
			 (272), the board is authorized by law to subpoena books, papers, records and
			 any other evidence to help it determine whether it should institute a contested
			 case proceeding (hearing). After service of the hearing notification
			 contemplated by rule 282-I1.7(I7A,272), the following procedures are available
			 to the parties in order to obtain relevant and material evidence:
a. Board subpoenas for books, papers,
			 records, and other evidence will be issued to a party upon request. Such a
			 request must be in writing. Application should be made to the board office
			 specifying the evidence sought. Subpoenas for witnesses may also be
			 obtained.
b. Evidence obtained by
			 subpoena shall be admissible at the hearing if it is otherwise admissible under
			 rule 282-I1.22(I7A,272). In subpoena matters the parties shall honor the rules
			 of privilege imposed by law.
c. The
			 evidence outlined in Iowa Code section I7A. 13(2) where applicable and relevant
			 shall be made available to a party upon request.
d. Except to the extent otherwise provided by
			 law, parties are responsible for service of their own subpoenas and payment of
			 witness fees and mileage expenses.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.17 - 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 15 days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or the presiding
			 officer.
(3) The presiding officer
			 may schedule oral arguments on any motion.
(4) Motions pertaining to the hearing,
			 including motions for summary judgment, 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 agency or an order of the presiding officer.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.18 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Any party may request a prehearing conference. A written request for prehearing
			 conference or an order for prehearing conference on the presiding officer's own
			 motion shall be filed not less than seven days prior to the hearing date. A
			 prehearing conference shall be conducted not less than three business days
			 prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the presiding officer to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of the witnesses
			 who the party anticipates will testify at hearing. Witnesses not listed may be
			 excluded from testifying unless there was good cause for the failure to include
			 their names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time lunits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.19 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
A party has no automatic right to a continuance or delay of the
				board's hearing procedure or schedule. However, a party may request a
				continuance of the presiding officer no later than seven days prior to the date
				set for hearing. The presiding officer shall have the power to grant
				continuances. Within seven days of the date set for hearing, no continuances
				shall be granted except for extraordinary, extenuating or emergency
				circumstances. In these situations, the presiding officer shall grant
				continuances after consultation, if needed, with the chairperson of the board,
				the executive director, or the attorney representing the board. A board member
				shall not be contacted in person, by mail or telephone by a party seeking a
				continuance.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.20 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by imtimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that:
(a) intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
(b) the movant is likely to be aggrieved or
			 adversely affected by a final order in the proceeding; and
(c) the interests of the movant are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.21 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The presiding officer presides at the hearing and may rule on motions, require
			 briefs, issue a proposed decision, and issue such orders and rulings as will
			 ensure the orderly conduct of the proceedings. If the presiding officer is the
			 board or a panel thereof, an administrative law judge from the Iowa department
			 of inspections and appeals may be designated to assist the board in conducting
			 proceedings under this chapter An administrative law judge so designated may
			 rule upon motions and other procedural matters and assist the board in
			 conducting the hearing.
(2) All
			 objections shall be timely made and stated on the record.
(3) Legal representation.
a. The respondent has a right to participate
			 in all hearings or prehearing conferences and may be represented by an attorney
			 or another person authorized by law.
b. The office of the attorney general or an
			 attorney designated by the executive director shall be responsible for
			 prosecuting complaint allegations in all contested case proceedings before the
			 board, except those cases in which the sole allegation involves the failure of
			 a practitioner to fulfill contractual obligations. The assistant attorney
			 general or other designated attorney assigned to prosecute a contested case
			 before the board shall not represent the board or the complainant in that case,
			 but shall represent the public interest.
c. In a case in which the sole allegation
			 involves the failure of a practitioner to fulfill contractual obligations, the
			 person who files the complaint with the board, or the complainant's designee,
			 shall represent the complainant during the contested case
			 proceedings.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.22 - 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 concerning allegations raised on the
			 face of the complaint as to which the parties received notice prior to the
			 hearing.
(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 lunits 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 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.25 - 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 that
				recordation, imless otherwise provided by law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.26 - 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 presiding officer In determining
				whether to do so, the board shall weigh the extent to which its granting the
				interlocutory appeal would expedite final resolution of the case and 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 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.27 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 When the board presides over the reception of evidence at the hearing, its
			 decision is a final decision.
(2)
			 When the board does not preside at the reception of evidence, the presiding
			 officer shall make a proposed decision. The proposed decision becomes the final
			 decision of the board without further proceedings unless there is an appeal to,
			 or review on motion of, the board within the time provided in rule
			 282-11.28
			 (17A,272).
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.28 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the board within 30 days after issuance of the proposed
			 decision.
(2)
Review.
The board may initiate review of a proposed decision
			 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 proposed decision 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 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.29 - 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 11.28(4), 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. 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 unless the board grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.30 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the board for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the board. The petition shall be filed with the notice of appeal and shall
			 state the reasons justifying a stay or other temporary remedy. The executive
			 director may rule on the stay or authorize the presiding officer to do
			 so.
b. Any party to a contested
			 case proceeding may petition the board for a stay or other temporary remedies
			 pending judicial review of all or part of that proceeding. The petition shall
			 state the reasons justifying a stay or other temporary remedy.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.31 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree thatno 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. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.32 - 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, and consistent with the Constitution
			 and other provisions of law, the board may issue a written order in compliance
			 with Iowa Code section 17A.I8 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 lunited 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 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.33 - Methods of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose the following
				disciplinary sanctions:
1. Revoke a
			 practitioner's license, certificate or authorization.
2. Suspend a practitioner's license,
			 certificate or authorization until further order of the board or for a specific
			 period.
3. Prohibit permanently,
			 until further order of the board, or for a specific period, a practitioner from
			 engaging in specified practices, methods, or acts.
4. Require additional education or
			 training.
5. Order a physical or
			 mental evaluation, or order alcohol and drug screening within a time specified
			 by the board.
6. Issue a public
			 letter of reprimand.
7. Order any
			 other resolution appropriate to the circumstances of the case.
8. Impose fees as provided in Iowa Code
			 section 272.2(24).
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.34 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose license, certificate or authorization to
				practice has been suspended may apply to the board for reinstatement in
				accordance with the terms and conditions of the order of the suspension.
(1) All proceedings for reinstatement shall
			 be initiated by the respondent, who shall file with the board an application
			 for reinstatement. Such application shall be docketed in the original case in
			 which the license, certificate or authorization was suspended. All proceedings
			 upon the application for reinstatement shall be subject to the same rules of
			 procedure as other cases before the board.
(2) An application for reinstatement shall
			 allege facts which, if established, will be sufficient to enable the board to
			 determine that the basis for the suspension of the respondent's license,
			 certificate or authorization no longer exists and that it will be in the public
			 interest for the license, certificate or authorization to be reinstated. The
			 burden of proof to establish such facts shall be on the respondent.
(3) An order denying or granting
			 reinstatement shall be based upon a decision which incorporates findings of
			 fact and conclusions of law.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.35 - Application Denial and Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The executive director is authorized by Iowa Code section
				272.7 to grant or deny
				applications for licensure. If the executive director denies an application for
				an initial or exchange license, certificate, or authorization, the executive
				director shall send to the applicant by regular first-class mail written notice
				identifying the factual and legal basis for denying the application. If the
				executive director denies an application to renew an existing license,
				certificate, or authorization, the provisions of rule
				282-11.36 (272) shall
				apply.
(1)
Mandatory grounds
			 for license denial.
The executive director shall deny an application
			 based on the grounds set forth in Iowa Code section
			 272.2(14),
			 including:
a. The license application is
			 fraudulent.
b. The applicant's
			 license or certification from another state is suspended or revoked.
c. The applicant fails to meet board
			 standards for application or for license renewal.
d. The applicant is less than 21 years of
			 age, except that a coaching authorization or paraeducator certificate may be
			 issued to an applicant who is 18 years of age or older, as provided in Iowa
			 Code sections 272.12 and
			 272.31. A student enrolled in a
			 practitioner preparation program who meets board requirements for a temporary,
			 limited purpose license and who is seeking to teach as part of the practicum or
			 internship may be less than 21 years of age.
e. The applicant has been convicted of one of
			 the disqualifying criminal convictions set forth in paragraph
			 11.35(2)
"a."
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.36 - Denial of Renewal Application

Current through Register Vol. 47, No. 3, July 24, 2024
If the executive director denies an application to renew a
				license, certificate or authorization, a notice of hearing shall be issued to
				commence a contested case proceeding. The executive director may deny a renewal
				application on the same groimds as those that apply to an application for
				initial or exchange licensure described in subrules 11.35(1) to
				11.35(3).
(1)
Hearing
			 procedure.
Hearings on denial of an application to renew a license
			 shall be conducted according to the contested case procedural rules in this
			 chapter. Evidence supporting the denial of the license may be presented by an
			 assistant attorney general. The provisions of subrules 11.35(4) and 11.35(5)
			 shall apply.
(2)
Judicial
			 review.
Judicial review of a final order of the board denying renewal
			 of licensure may be sought in accordance with the provisions of Iowa Code
			 section I7A.19 which are applicable to judicial review of an agency's final
			 decision in a contested case.
(3)
Impact of denial of renewal application.
Pursuant to Iowa Code
			 section 17A. 18(2), if the licensee has made timely and sufficient application
			 for renewal, an existing license shall not expire until the last day for
			 seeking judicial review of the board's final order denying the application or a
			 later date fixed by order of the board or reviewing court.
(4)
Timeliness of renewal
			 application.
Within the meaning of Iowa Code section 17A. 18(2), a
			 timely and sufficient renewal application shall be:
a. Received by the board on or before the
			 date the license is set to expire or lapse;
b. Signed by the licensee if submitted in
			 paper form or certified as accurate if submitted electronically;
c. Fully completed; and
d. Accompanied by the proper fee. The fee
			 shall be deemed improper if the amount is incorrect, the fee was not included
			 with the application, or the licensee's check is imsigned or returned for
			 insufficient funds.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.37 - Mandatory Reporting of Contract Nonrenewal or Termination or Resignation Based on Allegations of Misconduct

Current through Register Vol. 47, No. 3, July 24, 2024
The board of directors of a school district or area education
				agency, the superintendent of a school district or the chief administrator of
				an area education agency, and the authorities in charge of a nonpublic school
				shall report to the board any instance of disciplinary action taken against a
				person who holds a license, certificate, or authorization issued by the board
				for conduct that would constitute a violation of 282-subparagraph
				25.3(1)
"e"
(4), subrule 25.3(2), paragraph
				25.3(3)
"e,"
or paragraph 25.3(4)
"b."
In
				addition, the board of directors of a school district or area education agency,
				the superintendent of a school district or the chief administrator of an area
				education agency, and the authorities in charge of a nonpublic school shall
				report to the board the nonrenewal or termination, for reasons of alleged or
				actual misconduct, of a person's contract executed under Iowa Code sections
				279.12, 279.13,
				279.15,
				279.16,
				279.18 through
				279.21,
				279.23, and
				279.24, and the resignation of a
				person who holds a license, certificate, or authorization issued by the board
				as a result of or following an incident or allegation of misconduct that, if
				proven, would constitute a violation of 282-subparagraph
				25.3(1)
"b"
(1), subparagraph 25.3(1)
"e"
(4),
				subrule 25.3(2), paragraph 25.3(3)
"e,"
or paragraph
				25.3(4)
"b,"
when the board or reporting official has a
				good-faith belief that the incident occurred or the allegation is true.
(1)
Method of reporting.
The
			 report required by this rule may be made by completion and filing of the
			 complaint form described in subrule 11.4(2) or by the submission of a letter to
			 the executive director of the board which includes:
a. The full name, address, telephone number,
			 title and signature of the reporter;
b. The full name, address, and telephone
			 number of the person who holds a license, certificate or authorization issued
			 by the board;
c. A concise
			 statement of the circumstances under which the termination, nonrenewal, or
			 resignation occurred;
d. The date
			 action was taken which necessitated the report, including the date of
			 disciplinary action taken, nonrenewal or termination of a contract for reasons
			 of alleged or actual misconduct, or resignation of a person following an
			 incident or allegation of misconduct as required under Iowa Code section
			 272.15(1), or
			 awareness of alleged misconduct as required under Iowa Code section
			 272.15(2);
			 and
e. Any additional information
			 or documentation which the reporter believes will be relevant to assessment of
			 the report pursuant to subrule 11.37(4).
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.38 - Reporting by Department of Education Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Method of reporting. A
report of misconduct made by the director, pursuant to Iowa Code section
			 256.9(52),
			 or made by an employee of the department of education, pursuant to Iowa Code
			 section
			 272.15(2),
			 shall comply with the requirements of subrule 11.37(1).
(2)
Confidentiahty.
Information reported to the board in accordance with this rule is privileged
			 and confidential, except as provided in Iowa Code section
			 272.13.
(3)
Review and investigation of
			 report.
The report shall be reviewed and investigated pursuant to
			 subrules 11.37(4) and 11.37(5).
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.39 - Denial of Application During a Pending Professional Practices Case

Current through Register Vol. 47, No. 3, July 24, 2024
The executive director may deny an application for a Class B
				license if the applicant is currently under investigation and probable cause
				has been determined by the board.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.1 - Issuance of Licenses, Certificates, Authorizations, and Statements of Professional Recognition

Current through Register Vol. 47, No. 3, July 24, 2024
All application and licensure fees are nonrefundable. The fee
				for the issuance of a license, certificate, statement of professional
				recognition, or authorization shall be $85 unless otherwise specified
				below:
1. Class E emergency license
			 shall be $150.
2. Paraeducator
			 certificate shall be $40.
3.
			 Behind-the-wheel authorization shall be $40.
4. Military exchange license shall not
			 require a fee for issuance.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.2 - Fees for the Renewal or Extension of Licenses, Certificates, Statements of Professional Recognition, and Authorizations

Current through Register Vol. 47, No. 3, July 24, 2024
The fee for the renewal or extension of a license, certificate,
				statement of professional recognition, or authorization shall be $85 unless
				otherwise specified below:
1. The
			 renewal of the paraeducator certificate shall be $40.
2. The renewal of the behind-the-wheel
			 authorization shall be $40.
3. A
			 one-year extension for renewal of a coaching authorization shall be
			 $40.
4. A one-year extension of the
			 initial license shall be $25. This extension may be issued if the applicant
			 needs one additional year to meet the experience requirement for the standard
			 license, but has met Iowa teaching standards, pursuant to rule
			 282-20.4 (256).
5. The fee shall be
			 $25 for an extension of the initial administrator license, which may be issued
			 instead of renewing the initial administrator license if the applicant verifies
			 one of the criteria listed in 282-subrule 20.8(2).
6. The fee for the renewal of a license,
			 certificate, statement of professional recognition, or authorization for
			 practitioners with a master's degree or higher who have ten or more years of
			 experience in education shall be $50.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.3 - Evaluation Fee

Current through Register Vol. 47, No. 3, July 24, 2024
Each application from an out-of-state institution for initial
				licensure shall include, in addition to the basic fee for the issuance of a
				license, a one-time nonrefundable $60 evaluation fee.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.4 - Adding Endorsements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Fee for each added endorsement.
The fee for each additional
			 endorsement to a license following the issuance of the initial license and
			 endorsement(s) shall be $54. The fee for each additional endorsement added to a
			 paraeducator certificate shall be $29.
(2)
Fee for transcript
			 review.
Applicants may ask the board of educational examiners to
			 analyze transcripts if the applicant believes all requirements have been met.
			 Applicants who request board of educational examiners transcript analysis shall
			 be assessed a $64 transcript evaluation fee for each new endorsement requested.
			 This fee shall be in addition to the fee for adding the endorsement.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.5 - Duplicate Licenses, Authorizations, and Statements of Professional Recognition

Current through Register Vol. 47, No. 3, July 24, 2024
The fee for the issuance of a duplicate practitioner's license,
				certificate, statement of professional recognition, or authorization shall be
				$19.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.6 - Late Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 additional fee of $25 per calendar month, not to exceed $150, shall be imposed
			 if an application for renewal or conversion is submitted after the date of
			 expiration of a practitioner's license. Waiver of the late fee will be granted
			 only upon a showing of extraordinary circumstances rendering imposition of the
			 fee unreasonable.
(2) Failure to
			 hold an endorsement. An additional fee of $25 per calendar month, not to exceed
			 $150, shall be imposed if the practitioner holds a valid Iowa license but does
			 not hold an endorsement for the type of service for which the practitioner is
			 employed.
(3) Failure to hold valid
			 Iowa license or authorization. An additional fee of $100 per calendar month,
			 not to exceed $500, shall be imposed if the practitioner does not hold a valid
			 Iowa license or authorization. The fee will begin to be assessed on the first
			 day of the school year for which the practitioner is employed until the
			 practitioner submits a completed application packet for the appropriate
			 license. The penalty will enforce Iowa Code section
			 272.7.
			 Waiver of the fee will be granted only upon a showing of extraordinary
			 circumstances rendering imposition of the fee unreasonable.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.9 - Retention of Incomplete Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timeline for complete application
			 materials to be submitted.
Upon receipt of an incomplete application,
			 the executive director will send a letter of deficiencies to the applicant
			 stipulating that complete application materials must be submitted to the board
			 office within 45 days of the date the letter is received. If the materials are
			 not received within that timeline, the application process will be closed. If
			 the applicant submits information after the 45-day deadline, the application
			 process requires submission of a complete set of application materials and
			 fees, including late fees if applicable, for practicing with an expired
			 license, without the proper endorsement, or without an Iowa board-issued
			 license.
(2)
Background
			 check.
The background check fee will be valid for one year. If a
			 license is not issued within one year of a completed background check, the
			 background check shall be considered void.
(3)
Timeline for audited online
			 renewals.
Upon receipt of notification that the online renewal
			 application has been audited, the applicant shall have 30 days to submit the
			 official transcripts and mandatory reporter verification to the board office.
			 If the materials are not received within that timeline, the applicant will be
			 notified that the application process is closed. If the applicant submits
			 information after the 30-day deadline, the application process requires
			 submission of a complete set of application materials and fees. If the license
			 expires during the 30-day deadline and the applicant is teaching, the school
			 district will be notified that the applicant's license is expired and the
			 individual shall not continue teaching until the complete application materials
			 are submitted to the board office.
(4)
Request for additional
			 time.
If the applicant is not able to submit the application materials
			 by the deadline, the applicant may contact the executive director with a
			 request for additional time. The applicant must submit verification as to the
			 need for the additional time. The executive director will review the request
			 and provide a written decision either approving or denying the
			 request.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 12 - Fees › Rule 282-12.10 - Fees for Processing Complaints and Conducting Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Administrator licensure
			 sanction.
If an administrator is a respondent in a complaint for
			 violation of the code of professional conduct and ethics and the final board
			 action results in a sanction, the administrator will be required to pay the
			 fees that were related to processing the complaint and conducting the hearing.
			 Such fees may include a fee for personal service by a sheriff, a fee for legal
			 notice when placed in a newspaper, a fee for transcription service or court
			 reporter fee, and other fees assessed as costs by the board.
(2)
Timeline for payment and board
			 order.
Fees must be submitted to the board office within 45 days from
			 the issuance of the letter outlining the required fees. Payment of fees may be
			 imposed as a board order.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 13 - Issuance of Teacher Licenses and Endorsements › Rule 282-13.1 - All Applicants Desiring Iowa Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Coursework"
means requirements completed for
				semester hour credit through a college or university accredited by an
				institutional accrediting agency as recognized by the U.S. Department of
				Education.
"Degree"
means a specific qualification earned
				by a college or university accredited by an institutional accrediting agency as
				recognized by the U.S. Department of Education.
"State-approved"
means a program for teacher
				preparation approved for state licensure.
(2)
Licenses, authorizations,
			 certificates, and statements of professional recognition.
Licenses,
			 authorizations, certificates, and statements of professional recognition are
			 issued upon application filed on a form provided by the board of educational
			 examiners and upon completion of the following:
a.
National criminal history
			 background check.
An initial applicant will be required to submit a
			 completed fingerprint packet that accompanies the application to facilitate a
			 national criminal history background check. The fee for the evaluation of the
			 fingerprint packet will be assessed to the applicant.
b.
Iowa division of criminal
			 investigation background check.
An Iowa division of criminal
			 investigation (DCI) background check will be conducted on initial applicants.
			 The fee for the evaluation of the DCI background check will be assessed to the
			 applicant.
c.
Registries
			 and records check.
A check of the following registries and records
			 will be conducted on initial applicants: the sex offender registry under Iowa
			 Code section 692A.121, the central registry for child abuse information
			 established under Iowa Code chapter 235A, the central registry for dependent
			 adult abuse information maintained under Iowa Code chapter 235B, and the
			 information in the Iowa court information system available to the general
			 public. The fee for checks of these registries and records will be assessed to
			 the applicant.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 13 - Issuance of Teacher Licenses and Endorsements › Rule 282-13.5 - Teacher Licenses

Current through Register Vol. 47, No. 3, July 24, 2024
A license may be issued to an applicant who fulfills the
				general requirements set out in subrule 13.5(1) and the specific requirements
				set out for each license.
(1)
General requirements.
The applicant shall:
a. Have a baccalaureate degree.
b. Have completed a state-approved teacher
			 education program.
c. Have
			 completed the teacher preparation coursework set forth in 281-subrules 79.15(2)
			 to 79.15(5).
d. Have completed
			 student teaching in the subject area and grade level endorsement
			 desired.
e. Have completed the
			 requirements for one of the basic teaching endorsements.
f. Provide a recommendation for the specific
			 license and endorsement(s) from the designated recommending official at the
			 recognized institution where the preparation was completed.
Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 13 - Issuance of Teacher Licenses and Endorsements › Rule 282-13.6 - Specific Requirements for an Initial License

Current through Register Vol. 47, No. 3, July 24, 2024
An initial license valid for a minimum of two years with an
				expiration date of June 30 may be issued to an applicant who meets the general
				requirements set forth in rule 282-13.5 (272).