Iowa Administrative Code › Agency 591 - Petroleum Underground Storage Tank Fund Board, Iowa Comprehensive › Chapter 17 - Appeals-contested Cases › Rule 591-17.32 - License Suspension or Revocation or Other Disciplinary Proceedings of Installers and Inspectors of Underground Storage Tanks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice.
Except as
			 provided in 17.32(6), prior to the suspension or revocation of a license, the
			 administrator shall give Notice of Intended Action and an opportunity to be
			 heard at an evidentiary hearing conducted according to the provisions of this
			 chapter
(2)
Content of
			 notice.
The notice shall inform the licensee of the administrator's
			 intent to suspend or revoke the license or otherwise discipline the licensee
			 and shall include facts or conduct which warrant the intended action, a
			 statement of the legal authority and jurisdiction under which the hearing is to
			 be held, and a statement that the licensee may show at a hearing that the
			 licensee meets all lawful requirements to retain the license or otherwise not
			 be subject to disciplinary action.
(3)
Delivery of notice.
Delivery of notice in license proceedings may be by personal service or by
			 restricted certified mail.
(4)
Requested hearings.
In the case of revocation or suspension of
			 licenses, the administrator shall give notice as required in 17.32(1) and
			 17.32(2), which shall include a statement that the person notified has the
			 right to a hearing in accordance with this chapter and that the person entitled
			 to a hearing may invoke the right within ten days of receipt of the notice.
			 Upon receipt of the request for hearing, the presiding officer shall prepare a
			 notice of hearing. Within ten days of receiving a notice of hearing, the
			 administrator shall file a petition and the procedure shall follow that of this
			 chapter
Notwithstanding Iowa Code section 17A.18, the obligor does not
				have the right to a hearing before the board to contest the board's actions
				under Iowa Code chapter 252J but may request a court hearing pursuant to Iowa
				Code section
				252J.9
				within 30 days of the provision of notice under this section.
(5)
Emergency suspension.
A
			 license may be suspended without providing the licensee notice and opportunity
			 to be heard if the UST board or its designee finds that the public health,
			 safety, or welfare requires emergency action, and incorporates a finding to
			 that effect in its order The order shall be served in the same manner provided
			 in 17.32(3). If a license is summarily suspended in accordance with this
			 paragraph, the administrator shall promptly thereafter give notice and an
			 opportunity to be heard and determine the matter
(6)
Effective date of suspension or
			 revocation.
a. With respect to a
			 license suspension or revocation pursuant to this rule, except an emergency
			 suspension pursuant to 17.32(5), the suspension or revocation shall be
			 effective upon failure of the permittee to request a hearing within the time
			 required in 17.32(5) or upon the issuance of an order suspending or revoking
			 the license after hearing.
b. With
			 respect to a license suspension pursuant to 17.32(5), the suspension is
			 effective upon service of the order and shall remain effective until rescinded
			 by the UST board or its designee or until the suspension is terminated by order
			 after hearing.