Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.33 - Disciplinary Hearings-fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
			 this rule in relation to a formal disciplinary action filed by the board
			 against a licensee:
"Deposition "
means the testimony of a person
				taken pursuant to subpoena or at the request of the state of Iowa taken in a
				setting other than a hearing.
"Evaluation fees "
means actual costs incurred
				by the board in a physical, mental, chemical abuse, other impairment-related
				examination or evaluation or clinical competency evaluation of a licensee when
				the examination or evaluation is conducted pursuant to an order of the
				board.
"Expenses "
means costs incurred by persons
				appearing pursuant to subpoena or at the request of the state of Iowa for
				purposes of providing testimony on the part of the state of Iowa in a hearing
				or other official proceeding and shall include mileage reimbursement at the
				rate specified in Iowa Code section
				70A.9
				or, if commercial air or ground transportation is used, the actual cost of
				transportation to and from the proceeding. Also included are actual costs
				incurred for meals and necessary lodging.
"Transcript"
means a printed verbatim
				reproduction of everything said on the record during a hearing or other
				official proceeding.
"Witness fees"
means compensation paid by the
				board to persons appearing pursuant to subpoena or at the request of the state
				of Iowa for purposes of providing testimony on the part of the state of Iowa.
				For the purpose of this rule, compensation shall be the same as outlined in
				Iowa Code section
				622.69 or
				622.72, as
				applicable.
(2)
Disciplinary
			 hearing fee.
The board may charge a fee not to exceed $75 for
			 conducting a disciplinary hearing which results in disciplinary action taken
			 against the licensee by the board.
An order assessing a fee shall be included as part of the
				board's final decision. The order shall direct the licensee to deliver payment
				directly to the board as provided in subrule 25.33(6).
(3)
Recovery of related hearing
			 costs.
The board may also recover from the licensee the costs for
			 transcripts, witness fees and expenses, depositions, and medical examination
			 fees. The board may assess these costs in the manner it deems most equitable in
			 accordance with the following:
a.
Transcript costs.
The board may recover the costs for the court
			 reporter and assess the transcript costs against the licensee pursuant to Iowa
			 Code section
			 272C.6(6)
			  or against the requesting party pursuant to
			 Iowa Code section
			 17A.12(7).
(1) The cost of the transcript includes the
			 transcript of the original contested case hearing before the board, as well as
			 transcripts of any other formal proceedings before the board which occur after
			 the notice of the contested case hearing is filed.
(2) In the event of an appeal to the full
			 board from a proposed decision, the appealing party shall timely request and
			 pay for the transcript necessary for use in the agency appeal
			 process.