Iowa Administrative Code › Agency 282 - Educational Examiners Board › Chapter 11 - Complaints, Investigations, Contested Case Hearings › Rule 282-11.4 - Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may initiate.
The
			 following entities may initiate a complaint:
a. Licensed practitioners.
b. Recognized educational entities or local
			 or state professional organizations.
c. Local boards of education.
d. Parents or guardians of students involved
			 in the alleged complaint.
e. The
			 executive director of the board of educational examiners if the following
			 circumstances have been met:
(1) The executive
			 director receives information that a practitioner:
1. Has been convicted of a felony criminal
			 offense, or a misdemeanor criminal offense wherein the victim of the crime was
			 18 years of age or younger, and the executive director expressly determines
			 within the complaint that the nature of the offense clearly and directly
			 impacts the practitioner's fitness or ability to retain the specific license(s)
			 or authorization(s) which the practitioner holds; or
2. Has been the subject of a founded report
			 of child abuse placed upon the central registry maintained by the department of
			 human services pursuant to Iowa Code section 232.71D and the executive director
			 expressly determines within the complaint that the nature of the offense
			 clearly and directly impacts the practitioner's fitness or ability to retain
			 the specific license(s) or authorization(s) which the practitioner holds;
			 or
3. Has not met a reporting
			 requirement stipulated by Iowa Code section 256.160, Iowa Code section 279.43,
			 281-subrule 102.11(2), 282-Chapter 11, or 282-Chapter 25; or
4. Has falsified a license or authorization
			 issued by the board; or
5. Has
			 submitted false information on a license or authorization application filed
			 with the board; or
6. Does not hold
			 the appropriate license for the assignment for which the practitioner is
			 currently employed; or
7. Has
			 assigned another practitioner to perform services for which the practitioner is
			 not properly licensed; or
8. Has
			 failed to comply with a board order as prohibited by 282-paragraph
			 25.3(7)
"c"
; and
(2) The executive director verifies the
			 information or the alleged misconduct through review of official records
			 maintained by the board, a court, the department of human services registry of
			 founded child abuse reports, the practitioner licensing authority of another
			 state, the department of education, the local school district, area education
			 agency, or authorities in charge of the nonpublic school, or the executive
			 director is presented with the falsified license; and
(3) No other complaint has been
			 filed.
f. The department
			 of transportation if the licensee named in the complaint holds a
			 behind-the-wheel instructor's certification issued by the department and the
			 complaint relates to an incident or incidents arising during the course of
			 driver's education instruction.
g.
			 An employee of the department of education who, while performing official
			 duties, becomes aware of any alleged misconduct by an individual licensed under
			 Iowa Code section 256.146.