reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.7 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Firms purporting to practice public
			 accounting under a practice privilege that are ineligible to exercise a practice
			 privilege or that fail to satisfy the conditions for exercising a practice
			 privilege are subject to all of the penalties that apply to unlicensed firms,
			 including the criminal, administrative, and civil penalties described in Iowa
			 Code sections 542.14 and 542.15.
(2)
			 If a firm acting or purporting to act under a practice privilege engages in any
			 act or practice that does or may in the future violate Iowa Code chapter 542 or
			 board rules, the board may take any or all of the following actions, as
			 applicable:
a. Apply to the district court for
			 an injunction, restraining order, or other order, pursuant to Iowa Code section
			 542.14(1);
b. Issue an order
			 mandating compliance with Iowa Code chapter 542 or board rules and impose a civil
			 penalty pursuant to Iowa Code section 542.14;
c. Deny the subsequent license application of
			 the violator or, to the extent responsible for the violation, any of the firm's
			 owners (e.g., partners, shareholders, or members), pursuant to Iowa Code section
			 542.20(4)
"a"
and
"b"
;
d. Refer the complaint or other relevant
			 information to a jurisdiction that issued a license to the alleged violator;
			 and
e. Take disciplinary action
			 against the firm or, to the extent responsible for the violation, any of the
			 firm's owners (e.g., partners, shareholders, or members), pursuant to Iowa Code
			 section 542.10, if the firm or individual holds an inactive or lapsed Iowa
			 license.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.8 - Relationship Between Iowa Licensure and the Exercise of a Practice Privilege

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Active Iowa licensees.
An
			 Iowa CPA firm holding an active permit to practice under Iowa Code section 542.7 will be treated for all purposes as an Iowa licensee and is not subject to the
			 provisions of Iowa Code section 542.20.
(2)
Lapsed Iowa licensees.
An
			 Iowa CPA firm holding a lapsed permit to practice under Iowa Code section 542.7 is not authorized to perform attest or compilation services or to otherwise
			 practice public accounting using the title "CPAs," "CPA firm," "certified public
			 accountants," or "certified public accounting firm" unless the firm is eligible
			 to exercise a practice privilege under Iowa Code section 542.20. The following
			 provisions apply to firms holding a lapsed Iowa permit to practice when
			 exercising a practice privilege:
a. In a
			 disciplinary investigation or proceeding alleging unlicensed practice or improper
			 use of title, the board will consider whether the lapsed licensee, at the time of
			 the events at issue, satisfied the conditions for a practice privilege under Iowa
			 Code section 542.20 and complied with all rules applicable to the exercise of a
			 practice privilege.
b. The firm will
			 take reasonable steps to avoid public confusion over licensure status.
c. Violations of Iowa laws or rules by a firm
			 holding a lapsed permit to practice will be prosecuted as disciplinary
			 proceedings against a licensee under Iowa Code section 542.10 and, when
			 appropriate under the factual circumstances, may also or alternatively be
			 prosecuted under the provisions of Iowa Code sections 542.14 and
			 542.15.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193B-1.1 - Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 purpose of the architectural examining board is to administer and enforce the
			 provisions of Iowa Code chapter 544A with regard to the practice of
			 architecture in the state of Iowa, including the examining of candidates,
			 issuing licenses to practice architecture, assuring continuing competency
			 through continued education, investigating violations and infractions of the
			 architecture law, disciplining licensees, and imposing civil penalties against
			 nonlicensees. To this end, the board has promulgated these rules to clarify the
			 board's intent and procedures.
(2)
			 The primary mission of the board is to protect the public interest. All board
			 rules foster the guiding policies and principles described in Iowa Code section
			 544A.5. The board and its
			 licensees strive at all times to protect the public interest by promoting the
			 highest standards of architecture.
(3) The board maintains a roster of all
			 architects authorized to practice architecture in the state.
(4) Chairperson. The chairperson presides at
			 all meetings, appoints all committees, and otherwise performs all duties
			 pertaining to the office of the chairperson.
(5) Vice chairperson. The vice chairperson,
			 in the absence or incapacity of the chairperson, exercises the duties and
			 possesses the powers of the chairperson.
(6) Board administrator. The department of
			 inspections, appeals, and licensing may employ a board administrator who will
			 maintain all necessary records of the board and perform all duties in
			 connection with the operation of the board office. The board administrator
			 determines when the legal requirements for licensure have been satisfied with
			 regard to issuance of certificates, licenses or registrations, and the board
			 administrator submits to the board any questionable application.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193B-1.2 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
Calls for meetings are issued in accordance with Iowa Code
				section 21.4. The first meeting
				scheduled after April 30 is the annual meeting. The chairperson and vice
				chairperson are elected to serve until their successors are elected. The newly
				elected officers assume the duties of their respective offices at the
				conclusion of the meeting at which they are elected. Officers may serve no more
				than three consecutive one-year terms in each office to which they are elected.
				Special meetings may be called by the chairperson or board administrator, who
				will set the time and place of the meeting.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193B-1.3 - Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
Certificates issued to successful applicants contain the
				licensee's name and state license number. All licenses are renewable biennially
				on July 1, with licensees whose last names begin with the letters A through K
				renewing in even-numbered years and licensees whose last names begin with the
				letters L through Z renewing in odd-numbered years as provided in rule
				193B-2.5(544A).
The board will maintain an electronic roster of those holders
				of certificates of licensure who have failed to renew.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 1 - Description of Organization › Rule 193B-1.4 - Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
Certificates issued to successful applicants shall contain the
				licensee's name and state license number. All licenses are renewable biennially
				on July 1, with licensees whose last names begin with the letters A through K
				renewing in even-numbered years and licensees whose last names begin with the
				letters L through Z renewing in odd-numbered years as provided in rule
				193B-2.5(17A,272C,544A).
The board shall maintain an electronic roster of those holders
				of certificates of licensure who have failed to renew. The certificate of
				licensure may be reinstated in accordance with rule
				193B-2.6(544A,17A).
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.2 - Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
All applicants for licensure will complete an online
				application form.
(1)
Examination.
To be eligible for licensure by examination, all
			 applicants will have obtained an accredited professional architectural degree
			 from the NAAB, have passed all divisions of the ARE prepared and provided by
			 the NCARB, have completed the NCARB Architectural Experience Program, and have
			 attained an NCARB council record. A completed NCARB council record shall be
			 transmitted to and filed in the board office. Upon receipt of the council
			 record from NCARB, the board will provide the applicant with an application for
			 licensure form, which must be completed and returned to the board within three
			 months of receipt of the council record. The board shall issue a license number
			 to the applicant upon receipt of the completed application form and appropriate
			 fee.
a. Examinations for licensure as an
			 architect shall be conducted by the board or its authorized representative.
(1) The board shall make use of the ARE
			 prepared and graded by NCARB under a plan of cooperation with the architectural
			 examining boards of all states and territories of the United States.
(2) The board may make use of a testing
			 service selected by NCARB to administer the examination, provided the
			 examination is held in at least one location within the boundaries of this
			 state.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.4 - Reinstatement of Lapsed Certificate of Licensure to Active Status

Current through Register Vol. 47, No. 3, July 24, 2024
An individual may reinstate a lapsed certificate of licensure
				to active licensure as follows:
(1)
			 Pay the current renewal fee.
(2)
			 Pay the reinstatement fee of $100 plus $25 per month or partial month of
			 expired licensure up to a maximum of $750. All applicants for reinstatement
			 shall be assessed the $100 reinstatement fee. The $25 per month shall not be
			 assessed if the applicant for reinstatement did not, during the period of
			 lapse, engage in any acts or practices for which an active architect license is
			 required in Iowa. Falsely claiming an exemption from the monthly fee is a
			 ground for discipline; in addition, other grounds for discipline may arise from
			 practicing on a lapsed certificate, license or permit to practice.
(3) Provide a written statement outlining the
			 applicant's professional activities performed in Iowa during the period in
			 which the individual was unlicensed. The statement shall include a list of all
			 projects with which the applicant had involvement and shall explain the service
			 provided by the applicant.
(4)
			 Submit documented evidence of completion of 24 continuing education hours,
			 which should have been reported on the June 30 renewal date on which the
			 applicant failed to renew, and 12 continuing education hours for each year or
			 portion of a year of expired licensure up to a maximum of 48 continuing
			 education hours. All continuing education hours must be completed in health,
			 safety, and welfare subjects acquired in structured educational activities and
			 be in compliance with requirements in 193B-Chapter 3. The hours reported shall
			 not have been earned more than four years prior to the date of the application
			 to reinstate to active status. The continuing education hours used for
			 reinstatement may not be used again at the next renewal.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.5 - Reinstatement From Inactive Status to Active Status

Current through Register Vol. 47, No. 3, July 24, 2024
An individual may reinstate an inactive license to an active
				license as follows:
(1) Pay one-half
			 of the current active license fee.
(2) Submit documented evidence of completion
			 of 24 continuing education hours in compliance with requirements in
			 193B-Chapter 3. All continuing education hours must be completed in health,
			 safety, and welfare subjects acquired in structured educational activities. The
			 hours reported shall not have been earned more than four years prior to the
			 date of the application to reinstate to active status. The hours used to
			 reinstate to active status cannot again be used to renew.
a. At the first biennial renewal date of July
			 1 that is less than 12 months from the date of the filing of the application to
			 restore the certificate of licensure to active status, the person shall not be
			 required to report continuing education hours.
b. At the first biennial renewal date of July
			 1 that is 12 months or more, but less than 24 months, from the date of the
			 filing of the application to restore the certificate of licensure to active
			 status, the person shall report 12 hours of previously unreported continuing
			 education hours.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.6 - Finding of Probable Cause for Unlicensed Practice

Current through Register Vol. 47, No. 3, July 24, 2024
The board may find probable cause to file charges for
				unlicensed practice if the individual continues to offer services defined as
				the practice of architecture outlined in Iowa Code section
				544A.16 while using the title
				"architect," "architectural designer," or similar designation during the period
				of lapsed licensure.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.7 - Responsibility for Accuracy of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
The architect is responsible for verifying the accuracy of the
				information submitted on an application regardless of how the application is
				submitted or by whom it is submitted. For instance, if the office manager of an
				architect's firm submits an application for renewal on behalf of the architect
				and that information is incorrect, the architect will be held responsible for
				the information and may be subject to disciplinary action.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.8 - Application Denial

Current through Register Vol. 47, No. 3, July 24, 2024
An application may be denied on the grounds provided in Iowa
				Code chapter 544A and in rule
				193-7.39 (546,272C). The
				administrative processing of an application shall not prevent the later
				initiation of a contested case to challenge a licensee's qualifications for
				licensure. The board may also deny a license on the grounds of submitting a
				false statement or submission of material fact on an application for
				licensure.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.9 - Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
Under the authority provided in Iowa Code chapter 544A, the
				following fees are hereby adopted:
Examination fees:
Fees for examination subjects shall be paid directly to
						  the testing service selected by NCARB.
Initial license fee
(plus $5 per month until renewal)
$50
Reciprocal application and license fee
$200
Verification application and license fee
$200
Biennial renewal fee
$200
Biennial renewal fee (inactive)
$100
Reinstatement of lapsed individual license
$100 + renewal fee + $25 per month or partial month of
						  expired license
Reinstatement of inactive individual license
$100
Duplicate wall certificate fee
$50
License predetermination fee
$25
Fee for return of payment All fees are
						  nonrefundable.
$30
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 2 - Licensure › Rule 193B-2.10 - Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
Under the authority provided in Iowa Code chapter 544A, the
				following fees are hereby adopted:
Examination fees:
Fees for examination subjects shall be paid directly to
						  the testing service selected by NCARB.
Initial license fee (plus $5 per month until
						  renewal)
$ 50
Reciprocal application and license fee
$200
Biennial renewal fee
$200
Biennial renewal fee (inactive)
$100
Retired status
None
Reinstatement of lapsed individual license
$100 + renewal fee + $25 per month or partial month of
						  expired license
Reinstatement of inactive individual license
$100
Reinstatement of retired individual license
$200
Duplicate wall certificate fee
$ 50
Late renewal fee (for renewals postmarked on or after
						  June 1 and before June 30)
$ 25
License predetermination fee All fees are
						  nonrefundable.
$ 25
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193B-3.1 - Continuing Education

Current through Register Vol. 47, No. 3, July 24, 2024
The following rules adopted by the architectural examining
				board are in compliance with Iowa Code chapter 544A and section
				272C.2 requiring professional
				and occupational licensees to participate in a continuing education program as
				a condition of license renewal.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193B-3.3 - Basic Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 To renew licensure, an architect must, in addition to meeting all other
			 requirements, complete a minimum of 24 CEHs for each 24-month period since the
			 architect's last renewal of initial licensure or be exempt from these
			 continuing education requirements as provided in rule
			 193B-3.5 (544A,272C). Failure to
			 comply with these requirements may result in nonrenewal of the architect's
			 license.
(2) All 24 CEHs must be
			 completed in health, safety, and welfare subjects acquired in structured
			 educational activities. CEHs may be acquired at any location. Excess CEHs
			 cannot be credited to the next renewal.
(3) An architect will complete and submit
			 forms as required by the board certifying that the architect has completed the
			 required CEHs. Forms may be audited by the board for verification of compliance
			 with these requirements. Documentation of reported CEHs will be maintained by
			 the architect for two years after the period for which the form was submitted.
			 Any discrepancy between the number of CEHs reported and the number of CEHs
			 actually supported by documentation may result in a disciplinary review. If,
			 after the disciplinary review, the board disallows any CEHs, or the licensee
			 has failed to complete the required CEHs, the architect will have 60 days from
			 notification of the board to either provide further evidence of having
			 completed the CEHs disallowed or remedy the disallowance by completing the
			 required number of CEHs (provided that such CEHs are not used for the next
			 renewal). An extension of time may be granted on an individual basis and must
			 be requested by the licensee within 30 days of notification by the board. If
			 the licensee fails to comply with the requirements of this subrule, the
			 licensee may be subject to disciplinary action. If the board finds, after
			 proper notice and hearing, that the architect willfully disregarded these
			 requirements or falsified documentation of required CEHs, the architect may be
			 subject to disciplinary action.
(4)
			 An architect who holds licensure in Iowa for less than 12 months from the date
			 of initial licensure or who is reinstating to active status is not required to
			 report CEHs at the first license renewal. An architect who holds licensure in
			 Iowa for 12 months or more, but less than 23 months from the date of initial
			 licensure or who is reinstating to active status, is required to report 12 CEHs
			 earned in the preceding 12 months at the first license renewal.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193B-3.4 - Authorized Structured Educational Activities

Current through Register Vol. 47, No. 3, July 24, 2024
The following list may be used by all licensees in determining
				the types of activities that may fulfill CE requirements if the activities are
				conducted as structured educational activities on health, safety, and welfare
				subjects:
1. Short courses or seminars
			 sponsored by colleges or universities.
2. Technical presentations held in
			 conjunction with conventions or at seminars sponsored or accredited by the
			 American Institute of Architects (AIA), Construction Specifications Institute,
			 Construction Products Manufacturers Council, National Council of Architecture
			 Registration Boards (NCARB), or similar organizations devoted to architectural
			 education.
3. Distance learning
			 sponsored by the AIA, NCARB, or similar organizations.
4. College or university credit courses. Each
			 semester hour equals 12 CEHs. A quarter hour equals 8 CEHs.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 3 - Continuing Education › Rule 193B-3.5 - Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) As
			 provided in Iowa Code section
			 272C.2(4), a
			 licensed architect will be deemed to have complied with the continuing
			 education requirements set forth in this chapter if the architect attests in
			 the required affidavit that for not less than 21 months of the preceding
			 two-year period of licensure, the architect:
a. Has served honorably on active duty in the
			 military service; or
b. Is a
			 resident of another state or district having a continuing education requirement
			 for licensure as an architect and has complied with all requirements of that
			 state or district for practice therein; or
c. Is a government employee working as an
			 architect and assigned to duty outside the United States.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 4 - Rules of Conduct › Rule 193B-4.1 - Rules of Conduct

Current through Register Vol. 47, No. 3, July 24, 2024
Failure by a licensee to adhere to the provisions of Iowa Code
				sections 272C.10 and
				544A.13 and the following rules
				of conduct is grounds for disciplinary action.
(1)
Definition.
The
			 following definition applies as used in Iowa Code chapter 544A and this chapter
			 of the architectural examining board rules, unless the context otherwise
			 requires.
"Responsible charge"
means the amount of
				control over and detailed professional knowledge of the content of technical
				submissions during their preparation as is ordinarily exercised by a licensed
				architect applying the necessary professional standard of care, including but
				not limited to an architect's integration of information from manufacturers,
				suppliers, installers; the architect's consultants, owners, contractors; or
				other sources the architect reasonably trusts that is incidental to and
				intended to be incorporated into the architect's technical submissions if the
				architect has coordinated and reviewed such information. Other review, or
				review and correction, of technical submissions after they have been prepared
				by others does not constitute the exercise of responsible charge because the
				reviewer has neither control over nor detailed professional knowledge of the
				content of such submissions throughout their preparation.
(2)
Competence.
a. In practicing architecture, an architect
			 will act with reasonable care and competence and will apply the technical
			 knowledge and skill that is ordinarily applied by architects of good standing
			 practicing in the same locality.
b.
			 While an architect may rely on the advice of other professionals (e.g.,
			 attorneys, engineers and other qualified persons) as to the intent and meaning
			 of all applicable state and municipal building laws and regulations, once
			 having obtained such advice, an architect will not knowingly design a project
			 in violation of these laws and regulations.
c. An architect may perform professional
			 services only when the architect, together with those whom the architect may
			 engage as consultants, is qualified by education, training and experience in
			 the specific technical areas involved.
d. No person is permitted to practice
			 architecture if, in the board's judgment upon receipt of medical testimony or
			 evidence, the person's professional competence is substantially impaired by
			 physical or mental disabilities.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 5 - Exceptions › Rule 193B-5.3 - Building Use

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria are used when applying the exceptions
				outlined in Iowa Code section
				544A.18 and rule
				193B-5.2 (544A):
(1)
Building use takes priority over
			 size.
In all cases, the use of the building takes priority over the
			 size. For example, a place of assembly is nota commercial use, and would not
			 constitute an exception even if the building is not more than one story in
			 height and does not exceed more than 10,000 square feet in gross floor
			 area.
(2)
Mixed building
			 use.
In the case that a building contains more than one use, the most
			 stringent use is applied to the entire building when applying the exceptions.
			 For example, a two-story building containing a 6,000 square foot commercial
			 space as well as 6,000 square feet of residential space on the second floor
			 would be considered a 12,000 square foot, two-story commercial building for the
			 purposes of the exception matrix.
(3)
Agricultural buildings.
Activities inherent to housing farm implements, farm inputs, farm products, and
			 livestock or other agricultural products, such as recordkeeping, sanitation,
			 storage of farm inputs, or equipment preparation, repair, or modifications, are
			 not to be construed as a use in and of itself for the purposes of applying the
			 exceptions. For example, welding operations to repair an implement or
			 grain-handling equipment would not trigger the consideration of an agricultural
			 building or a portion of the building as an industrial use.
(4)
Churches and accessory
			 buildings.
When under the height and gross floor area noted in the
			 exception and encompassing uses inherent to a church or an accessory building
			 as defined, these buildings are exempted, even if the use within the building
			 would normally not be exempted. For example, a church used as a place of
			 assembly with occupancy of more than 50 people but still under the height and
			 gross floor area noted would still be exempted even though the occupancy would
			 place the building in the nonexempted category.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.1 - Disciplinary Action

Current through Register Vol. 47, No. 3, July 24, 2024
The architectural examining board has authority in Iowa Code
				chapters 544A, 17A and 272C to impose discipline for violations of these
				chapters and the rules promulgated thereunder.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.2 - Investigation of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The board will, upon receipt of a complaint in writing, or may,
				upon its own motion, pursuant to other evidence received by the board, review
				and investigate alleged acts or omissions that the board reasonably believes
				constitute cause under applicable law or administrative rules. In order to
				determine if probable cause exists for a hearing on a complaint, the
				investigators designated by the chairperson will investigate the allegations of
				the complaint. If the board determines that the complaint does not present
				facts that constitute a basis for disciplinary action, the board may take no
				further action.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.3 - Peer Investigative Committee

Current through Register Vol. 47, No. 3, July 24, 2024
A peer investigative committee may be appointed by the
				chairperson to investigate a complaint. The committee members will consist of
				one or more architects who have been licensed to practice in Iowa for at least
				five years, serving at the discretion of the chairperson. The committee will
				review and determine the facts of the complaint and make a report to the board
				in a timely manner.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.4 - Investigation Report

Current through Register Vol. 47, No. 3, July 24, 2024
Upon completion of the investigation, the investigator(s) will
				prepare for the board's consideration a report containing the position or
				defense of the licensee to determine what further action is necessary. The
				board may:
1. Order the matter be
			 further investigated.
2. Allow the
			 licensee who is the subject of the complaint an opportunity to appear before a
			 committee of the board for an informal discussion regarding the circumstances
			 of the alleged violation.
3.
			 Determine there is no probable cause to believe a disciplinary violation has
			 occurred and close the case.
4.
			 Determine there is probable cause to believe that a disciplinary violation has
			 occurred.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.5 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the board considers it advisable, or if requested by the
				affected licensee, the board may grant the licensee an opportunity to appear
				before the board or a committee of the board for a voluntary informal
				discussion of the facts and circumstances of an alleged violation. The licensee
				may be represented by legal counsel at the informal discussion. The licensee is
				not required to attend the informal discussion.
Unless disqualification is waived by the licensee, board
				members who personally investigated a disciplinary complaint are disqualified
				from making decisions at a later formal hearing. Because board members
				generally rely upon staff, investigators, auditors, peer review committees, or
				expert consultants to conduct investigations, the issue rarely arises. An
				informal discussion, however, is a form of investigation because it is
				conducted in a question-and-answer format. In order to preserve the ability of
				all board members to participate in board decision making, licensees who desire
				to attend an informal discussion will therefore waive their right to seek
				disqualification of a board member or staff based solely on the board member's
				or staff's participation in an informal discussion. Licensees would not be
				waiving their right to seek disqualification on any other ground. By electing
				to attend an informal discussion, a licensee accordingly agrees that
				participating board members or staff are not disqualified from acting as a
				presiding officer in a later contested case proceeding or from advising the
				decision maker.
Because an informal discussion constitutes a part of the
				board's investigation of a pending disciplinary case, the facts discussed at
				the informal discussion may be considered by the board in the event the matter
				proceeds to a contested case hearing and those facts are independently
				introduced into evidence. The board may seek a consent order at the time of the
				informal discussion. If the parties agree to a consent order, a statement of
				charges will be filed simultaneously with the consent order.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.6 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
The board will make findings of fact and conclusions of law and
				may take one or more of the following actions:
(1) Dismiss the charges.
(2) Revoke the architect's license.
(3) Suspend the licensee's license as
			 authorized by law.
(4) Impose civil
			 penalties, not to exceed $1,000. Civil penalties may be imposed for any of the
			 disciplinary violations specified in Iowa Code sections
			 544A.13 and
			 544A.15 and these rules. Factors
			 the board may consider when determining whether to assess civil penalties and
			 the amount to assess include:
a. Whether
			 other forms of discipline are being imposed for the same violation.
b. Whether the amount imposed will be a
			 substantial deterrent to the violation.
c. The circumstances leading to the
			 violation.
d. The severity of the
			 violation and the risk of harm to the public.
e. The economic benefits gained by the
			 licensee as a result of the violation.
f. The interest of the public.
g. Evidence of reform or remedial
			 action.
h. Time lapsed since the
			 violation occurred.
i. Whether the
			 violation is a repeat offense following a prior cautionary letter, disciplinary
			 order, or other notice of the nature of the infraction.
j. The clarity of the issues
			 involved.
k. Whether the violation
			 was willful and intentional.
l.
			 Whether the licensee acted in bad faith.
m. The extent to which the licensee
			 cooperated with the board.
n.
			 Whether the licensee practiced architecture with a lapsed, inactive, suspended
			 or revoked certificate of licensure.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 6 - Disciplinary Action Against Licensees › Rule 193B-6.7 - Voluntary Surrender

Current through Register Vol. 47, No. 3, July 24, 2024
Voluntary surrender of licensure is considered as disciplinary
				action. The board may accept the voluntary surrender of a license to resolve a
				pending disciplinary contested case or pending disciplinary investigation. The
				board will not accept a voluntary surrender of a license to resolve a pending
				disciplinary investigation unless a statement of charges is filed along with
				the order accepting the voluntary surrender. Such voluntary surrender is
				considered disciplinary action and will be published in the same manner as is
				applicable to any other form of disciplinary order.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 7 - Disciplinary Action-unlicensed Practice › Rule 193B-7.1 - Disciplinary Action

Current through Register Vol. 47, No. 3, July 24, 2024
The architectural examining board has authority in Iowa Code
				chapters 544A, 17A and 272C to impose discipline for violations of these
				chapters and the rules promulgated thereunder.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 7 - Disciplinary Action-unlicensed Practice › Rule 193B-7.2 - Investigation of Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
The board will, upon receipt of a complaint in writing, or may,
				upon its own motion, pursuant to other evidence received by the board, review
				and investigate alleged acts that the board reasonably believes constitute
				cause under applicable law or administrative rules. In order to determine if
				probable cause exists for a hearing on a complaint, the investigators
				designated by the chairperson will investigate the allegations of the
				complaint. If the board determines that the complaint does not present facts
				that constitute a basis for disciplinary action, the board may take no further
				action.
Iowa Administrative Code › Agency 193B - Architectural Examining Board › Chapter 7 - Disciplinary Action-unlicensed Practice › Rule 193B-7.3 - Civil Penalties Against Unlicensed Person

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose civil penalties by order against a person
				who is not licensed as an architect pursuant to Iowa Code chapter 544A based on
				the unlawful practices specified in Iowa Code section
				544A.15(3). In
				addition to the procedures set forth in Iowa Code section
				544A.15(3),
				this rule applies.
(1) The notice of
			 the board's intent to impose a civil penalty required by Iowa Code section
			 544A.15(3)  may
			 be served upon the unlicensed person by restricted certified mail, return
			 receipt requested, or personal service in accordance with Rule of Civil
			 Procedure 1.305. Alternatively, the unlicensed person may accept service
			 personally or through authorized counsel. The notice includes the following:
a. A statement of the legal authority and
			 jurisdiction under which the proposed civil penalty would be imposed.
b. Reference to the particular sections of
			 the statutes and rules involved.
c.
			 A short, plain statement of the alleged unlawful practices.
d. The dollar amount of the proposed civil
			 penalty.
e. Notice of the
			 unlicensed person's right to a hearing and the time frame in which a hearing is
			 requested.
f. The address to which
			 written request for hearing is made.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 1 - Administration › Rule 193C-1.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
The practices of engineering and land surveying affect the life,
				health, and property of the people in Iowa. The engineering and land surveying
				examining board's principal mandate is the protection of the public
				interest.
(1)
Administration.
Administration of the board has not been
			 separated into panels, divisions, or departments. While the expertise of a board
			 member may be called upon to frame special examinations and evaluate applications
			 for licensing in a specialized engineering branch, the board functions in a
			 unified capacity on all matters that may come before it. The board maintains an
			 office at 200 East Grand Avenue, Suite 350, Des Moines, Iowa 50309, and requests
			 or submissions may be directed to the secretary of the board at that
			 location.
(2)
Meetings.
Regular meetings of the board are held in Des Moines,
			 Iowa. Information concerning the location and dates for meetings may be obtained
			 from the board's office at 200 East Grand Avenue, Suite 350, Des Moines, Iowa
			 50309, or by telephoning 515.725.9022.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 1 - Administration › Rule 193C-1.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules, the following definitions
				apply:
"Accredited"
means a program accredited by the
				Accreditation Board for Engineering Technology, Inc. (ABET) or the Canadian
				Engineering Accreditation Board (CEAB) or another accrediting body accepted by
				the National Council of Examiners for Engineering and Surveying (NCEES).
"Board"
means the engineering and land surveying
				examining board provided by Iowa Code chapter 542B.
"Design coordination"
means the same as defined
				in Iowa Code section 542B.2(2).
"Engineering documents"
means the same as
				defined in Iowa Code section 542B.2(4).
"Engineering survey,"
as used in the definition
				of the practice of engineering, includes all survey activities required to
				support the sound conception, planning, design, construction, maintenance, and
				operation of engineered projects, but excludes the survey of real property for
				the establishment of land boundaries, rights-of-way, easements, and the dependent
				or independent surveys or resurveys of the public land system.
"Engineer intern"
means the same as defined in
				Iowa Code section 542B.2(3).
"In responsible charge"
means the same as
				defined in Iowa Code section 542B.2(6).
"Land surveying documents"
means the same as
				defined in Iowa Code section 542B.2(7).
"Practice of engineering"
means the same as
				defined in Iowa Code section 542B.2(9)
"a"
and
"b."
1. The practice of
			 engineering includes:
* Environmental engineering activities that may be involved in
				developing plans, reports, or actions to remediate an environmentally hazardous
				site;
* Design of fixturing devices for manufacturing machinery that
				must be performed by a licensed professional engineer or under the responsible
				charge and direct supervision of a professional engineer unless performed within
				the industrial exemption by a full-time employee ofa corporation that constructs
				the fixtures.
2. Activities
			 that the board will construe as the practice of engineering for which the board
			 may by order impose a civil penalty upon a person who is not licensed as a
			 professional engineer are set out in Iowa Code section 542B.27.
"Practice of land surveying"
means the same as
				defined in Iowa Code section 542B.2(10)  and also includes activities that the
				board will construe as the practice of land surveying and for which the board may
				by order impose a civil penalty upon a person who is not licensed as a
				professional land surveyor as set out in Iowa Code section 542B.27.
"Professional engineer"
means the same as
				defined in Iowa Code section 542B.2(11).
"Professional land surveyor"
means a person who
				engages in the practice of land surveying as defined in this rule.
"Written,"
when used to describe an examination,
				means a computer-based format.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 1 - Administration › Rule 193C-1.4 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board's rules regarding waivers can be
			 found in the uniform rules for the division of professional licensing and
			 regulation at 193-Chapter 5.
(2)
			 Interim rulings. The board chairperson, or vice chairperson if the chairperson is
			 not available, may rule on a petition for waiver when it would not be timely to
			 wait for the next regularly scheduled board meeting for a ruling from the board.
a. The executive secretary shall, upon receipt
			 of a petition meeting all applicable criteria established in 193-Chapter 5,
			 present the request to the board chairperson or vice chairperson along with all
			 pertinent information regarding established precedent for granting or denying
			 such requests.
b. The chairperson or
			 vice chairperson shall reserve the right to hold an electronic meeting of the
			 board when:
(1) Board precedent does not
			 clearly resolve the request and the input of the board is deemed required;
			 and
(2) The practical result of
			 waiting until the next regularly scheduled meeting would be a denial of the
			 request due to timing issues.
c. A waiver report will be placed on the agenda
			 of the next regularly scheduled board meeting and recorded in the minutes of the
			 meeting.
d. This subrule on interim
			 rulings does not apply if the waiver was filed in a contested
			 case.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 2 - Fees and Charges › Rule 193C-2.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
Fees are fixed in such an amount as will defray the expense of
				administering board responsibilities. Fees are charged in accordance with the
				following table:
Type of fee
Amount
Renewal
Active license renewal
$100
Inactive license renewal
$40
Reinstatement of lapsed license
(In addition to the reinstatement fee, the applicant for
						  reinstatement must also pay the appropriate prorated reinstated license fee
						  below.)
$100
Reinstatement of inactive to active license
$60
New or reinstated license
(In addition to the appropriate prorated reinstated
						  license fee, the applicant for reinstatement must also pay the reinstatement fee
						  above.)
$100
Prorated at six-month intervals
Application for examination
Principles and Practice of Land Surveying
$100
Examinations
Fees for National Council of Examiners for Engineering
						  and Surveying (NCEES) examinations are paid directly to the examination service
						  at the rate established by contract based upon cost of the examination materials
						  and processing expenses.
Variable
Iowa State Specific Land Surveying Examination
$30
Application for licensure by comity or verification as a
						  professional engineer or professional land surveyor
$150
Certificates
Initial professional engineer or professional land
						  surveyor certificate
$15
Additional or duplicate certificate
$25
Engineer or land surveyor intern certificate
No charge
Check returned for insufficient funds
$15
Verification of records for lapsed licensees
$15 per verification
Late renewal fee (for renewals completed after December
						  31 and before January 31)
$25
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 2 - Fees and Charges › Rule 193C-2.2 - Nonrefundable Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Application fees submitted with applications for the Fundamentals
				of Engineering examination, the Fundamentals of Land Surveying examination, the
				Principles and Practice of Engineering examination, the Principles and Practice
				of Land Surveying examination, comity licensure, or renewal of licensure are not
				refundable for any reason.
Iowa Administrative Code › Agency 193C - Engineering and Land Surveying Examining Board › Chapter 3 - Application and Renewal Process › Rule 193C-3.1 - General Statement

Current through Register Vol. 47, No. 3, July 24, 2024
A person requesting to be licensed as a professional engineer or
				professional land surveyor shall submit a completed, standardized application
				form, which may be obtained electronically from the board's Internet web
				page.
(1)
Application
			 expiration.
On the examination and comity applications due date, the
			 applications are considered current if it has been one year or less since the
			 applications were received by the board office.
(2)
Academic transcripts.
a.
United States institutions.
Completion of post-high school education shall be evidenced by the board's
			 receipt of an applicant's transcripts directly from the office of the registrar
			 of each institution conferring a qualifying degree.
b.
Institutions outside the United
			 States.
Transcripts from institutions located outside the boundaries of
			 the United States of America shall be sent directly from the institution to an
			 evaluation service to be evaluated for authenticity and substantial equivalency
			 with Accreditation Board for Engineering and Technology, Inc. (ABET), or
			 Engineering Accreditation Commission (EAC) accredited engineering programs. To be
			 readily acceptable, such evaluations shall be from the National Council of
			 Examiners for Engineering and Surveying (NCEES). However, the board may accept
			 evaluations from other recognized foreign credential evaluators satisfactory to
			 the board. The expense of the evaluation is the responsibility of the applicant.
			 Each evaluation shall be sent directly to the board from the evaluation service
			 and include a copy of the transcript in the form sent to the evaluation service
			 directly from the educational institution. Each evaluation must address both
			 whether the transcript is authentic and whether the engineering program is
			 equivalent to those accredited by ABET or EAC.