reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 28 - Plumbing and Mechanical Systems Board-licensure Fees › Rule 641-28.2 - Annual Review of Fee Schedule

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days following the end of each fiscal year, the board
				will submit are port to the general assembly in accordance with Iowa
				Codesection 105.9(5)
"a."
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 28 - Plumbing and Mechanical Systems Board-licensure Fees › Rule 641-28.3 - Waiver of Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Fee waivers are available under the following
				circumstances:
(1) The board will
			 waive any fee charged to an applicant for a license if the applicant's
			 household income does not exceed 200 percent of the federal poverty income
			 guidelines and the applicant is applying for the license for the first time in
			 this state.
(2) For an applicant
			 who has been honorably or generally discharged from federal active duty or
			 national guard duty, the board will waive an initial application fee and one
			 renewal fee if those fees would otherwise be charged within five years of the
			 discharge.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.2 - Available Licenses and General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All licenses issued by the board will be for a three-year
				period, except where a shorter or longer period is required or allowed by
				statute. Subject to the general requirements set forth herein and the minimum
				qualifications for licensure set forth in rule
				641-29.4 (105), the following
				licenses are available:
(1)
Apprentice license.
An applicant for an apprentice license
			 will submit an application that provides evidence of meeting the qualifications
			 specified in Iowa Code section
			 105.18. If the applicant
			 currently holds an active specialty license, the specialty license will be
			 placed on inactive status as specified in 641-subrule 23.8(3).
(2)
Journey person license.
An applicant for a journeyperson license will submit an application that
			 provides evidence of meeting the qualifications specified in Iowa Code section
			 105.18, including an applicant
			 who possesses a master-level license and who seeks a journeyperson license in
			 the same discipline.
(3)
Master license.
An applicant for a master license will submit
			 an application that provides evidence of meeting the qualifications specified
			 in Iowa Code section 105.18. Applicants previously
			 licensed as a journeyperson will provide evidence of at least two years of
			 journeyperson experience in the applicable discipline.
(4)
Contractor license.
An
			 applicant for a contractor license will submit an application that provides
			 evidence of meeting the qualifications specified in Iowa Code section
			 105.18, and the insurance and
			 surety bond requirements specified in Iowa Code section
			 105.19.
(5)
Active journey person
			 license/inactive master license combination.
An applicant for an
			 active journeyperson license and an inactive master license in the same
			 discipline will submit an application approved by the department, and pay the
			 fees for both an active journeyperson license and an inactive master license in
			 accordance with subrule 29.2(3) and rule
			 641-29.5 (105).
(6)
Inactive license.
An
			 applicant for an inactive license that does not fall within subrule 29.2(5)
			 will submit an application approved by the department and pay the fee for an
			 inactive license in accordance with rule
			 641-29.5 (105).
(7)
Service technician HVAC specialty
			 license.
An applicant for a service technician HVAC specialty license
			 will submit an application approved by the department and pay the fee for a
			 specialty license in accordance with rule
			 641-29.5 (105). It will also
			 provide the board with evidence that:
a. The
			 applicant possesses a valid certification from North American Technician
			 Excellence, Inc. or an equivalent authority approved by the board, or
b. The applicant completed a Service
			 Technician Associate degree or equivalent educational or similar training
			 approved by the board.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.3 - Medical Gas Piping Certification

Current through Register Vol. 47, No. 3, July 24, 2024
The following certification is required for a person who
				performs work as a medical gas system installer. An applicant for a medical gas
				certificate will submit an application approved by the department and pay the
				fee for a medical gas piping certification in accordance with rule
				641-29.5(105) and possess valid certification from the National Inspection
				Testing Certification (NITC) Corporation, or an equivalent authority approved
				by the board. Documentation must be submitted on a form provided by the
				board.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.4 - Minimum Qualifications for Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for any type of license must be at least 18 years
				old. All apprentice applicants must have completed a high school education or
				attained GED equivalent.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.5 - General Requirements for Application for Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
The following criteria apply to application for
				licensure:
(1)
Application.
An applicant will complete an application online
			 or on a paper application approved by the board.
(2)
Fees.
An application
			 must be accompanied by the appropriate fees. All fees are nonrefundable. Fees
			 for online applications are by credit card only. A check or money order may
			 accompany a paper application.
(3)
Applicant responsibilities.
An applicant for an initial
			 license or license renewal bears full responsibility for each of the following:
a. Paying all fees charged by regulatory
			 authorities, state or national testing or credentialing organizations, and
			 educational institutions providing the information necessary to complete a
			 license, certification, or renewal application;
b. Providing accurate, up-to-date, and
			 truthful information on the application including, but not limited to, prior
			 professional experience, education, training, criminal history, and
			 disciplinary history; and
c.
			 Submitting complete application materials. An application for a license or
			 certification or renewal of a license or certification will be considered
			 active for 90 days from the date the application is received. For purposes of
			 establishing timely filing, the postmark on a paper submittal or the date of
			 the electronic time stamp for online renewals will be used. If the applicant
			 does not submit all materials within this time period or if the applicant does
			 not meet the requirements for the license or certification, the application
			 will be considered incomplete and will be destroyed.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.6 - Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
An applicant for licensure as a plumbing or
			 mechanical system professional must successfully pass the licensing examination
			 for the discipline. The examination will be specific to each license type,
			 approved by the board, and administered by the board-approved vendor.
(2)
Examination.
a. The examination will be written and
			 proctored by a testing agency selected by the board and conducted either in
			 person or online.
b. The
			 examination will be offered periodically during the year. The time and location
			 will rotate between multiple sites in the state of Iowa, as determined by the
			 department, with approval of the board.
c. The examination will not be subject to
			 review by applicants. Upon request from an applicant, the testing vendor will
			 provide information about the sections that the applicant failed, but shall not
			 provide an applicant access to actual examination questions or answers. Any
			 fees associated with the review process will be assessed by and payable to the
			 testing vendor. The applicant is responsible for paying all associated
			 examination fees.
d. A score of 75
			 percent or better is considered passing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.7 - License Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Renewal
			 period.
The period of licensure to operate as a contractor or work as
			 a master, journeyperson or apprentice in the plumbing, mechanical,
			 HVAC-refrigeration, sheet metal, or hydronic disciplines or work as a certified
			 medical gas system installer or work in the specialty license disciplines
			 developed by the board is a period of three years. All licenses issued will
			 expire on June 30 every three years, beginning with June 30, 2026. Fees for new
			 licenses issued after the July 1 beginning of each three-year renewal cycle
			 will be prorated using a one-sixth deduction for each six-month period of the
			 renewal cycle.
(2)
Renewal
			 notification.
The licensee is responsible for renewing the license
			 prior to its expiration.
(3)
Specific renewal requirements.
a.
Active and inactive apprentice,
			 specialty, journeyperson, and master licenses.
An apprentice,
			 specialty, journeyperson, or master licensee seeking renewal shall:
(1) Submit an application for renewal online
			 or on the forms provided by the board office.
(2) Meet the continuing education
			 requirements as set forth in rule
			 641-30.2 (105), unless no
			 continuing education is necessary as specified in 641-subrule 23.8(3), 30.2(2),
			 or 30.6(1).
(3) Include the
			 appropriate fee as specified in 641-Chapter 28. A penalty will be assessed by
			 the board for late renewal, as specified in 641-Chapter 28.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.8 - Waiver From Examination for Military Service

Current through Register Vol. 47, No. 3, July 24, 2024
The written examination requirements and prior experience
				requirements set forth in Iowa Code sections
				105.18(2)
"b"
(1) and 105.18(2)
"c"
are waived for a
				journeyperson license or master license if the applicant meets the requirements
				set forth in Iowa Code section
				105.18(4).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.9 - Reactivation of an Inactive License

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An inactive
			 license is not valid for practice but must be renewed in accordance with rule
			 641-29.7 (105). If an inactive
			 license has not been timely renewed and becomes lapsed, the requirements for
			 reinstatement of the license will have to be met. A person with an inactive
			 license that is not lapsed who is seeking to reactivate the license shall:
a. Submit a written request to the board
			 office for active license status; and
b. Pay the fee for an active license in the
			 amount specified in 641-Chapter 28.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.10 - Review of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Upon receipt of
			 a completed application, the board executive officer or designee has discretion
			 to:
a. Authorize the issuance of the license,
			 certification, or examination application.
b. Refer the application to a committee of
			 the board for review and consideration when the board executive officer
			 determines that matters raised in or revealed by the application are relevant
			 in determining the applicant's qualifications for a license, certification, or
			 examination. Matters that may justify referral to a committee of the board
			 include, but are not limited to:
(1) Prior
			 criminal history, which is reviewed and considered in accordance with Iowa Code
			 chapter 272C and rule
			 641-29.13 (105).
(2) Chemical dependence.
(3) Competency.
(4) Physical or psychological illness or
			 disability.
(5) Judgments entered
			 on, or settlements of, claims, lawsuits, or other legal actions related to the
			 profession.
(6) Professional
			 disciplinary history.
(7) Education
			 or experience.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.11 - Grounds for Denial of an Application

Current through Register Vol. 47, No. 3, July 24, 2024
The board may deny an application for license, certification,
				or examination for any of the following reasons:
1. Failure to meet the requirements for
			 license, certification, or examination as specified in these rules.
2. Failure to provide accurate and truthful
			 information, or the omission of material information.
3. Pursuant to Iowa Code section
			 105.22, upon any of the grounds
			 for which licensure may be revoked or suspended.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.12 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
License
			 application.
Unless an applicant for licensure petitions the board for
			 an eligibility determination, the applicant's convictions will be reviewed when
			 the board receives a completed license application.
a.
Full disclosure.
An
			 applicant must disclose all convictions on a license application. Failure to
			 disclose all convictions is grounds for license denial or disciplinary action
			 following license issuance.
b.
Documentation and personal statement.
An applicant with one or
			 more convictions must submit the complete criminal record for each conviction
			 and a personal statement regarding whether each conviction directly relates to
			 the practice of the profession in order for the license application to be
			 considered complete.
c.
Rehabilitation.
As part of the license application, an
			 applicant will submit all evidence of rehabilitation that the applicant wishes
			 to be considered by the board. The board may deny a license if the applicant
			 has a disqualifying offense, unless the applicant demonstrates by clear and
			 convincing evidence that the applicant is rehabilitated pursuant to Iowa Code
			 section 272C.15. An applicant with one
			 or more disqualifying offenses who has been found rehabilitated must still
			 satisfy all other requirements for licensure.
d.
Nonrefundable fees.
Any
			 application fees will not be refunded if the license is
			 denied.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 29 - Plumbing and Mechanical Systems Board-application, Licensure, and Examination › Rule 641-29.13 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
License
			 application.
Unless an applicant for licensure petitions the board for
			 an eligibility determination, the applicant's convictions will be reviewed when
			 the board receives a completed license application.
a.
Full disclosure required.
An applicant must disclose all convictions on a license application. Failure to
			 disclose all convictions is grounds for license denial or disciplinary action
			 following license issuance.
b.
Documentation and personal statement.
An applicant with one or
			 more convictions must submit the complete criminal record for each conviction
			 and a personal statement regarding whether each conviction directly relates to
			 the practice of the profession in order for the license application to be
			 considered complete.
c.
Rehabilitation.
An applicant must as part of the license
			 application submit all evidence of rehabilitation that the applicant wishes to
			 be considered by the board. The board may deny a license if the applicant has a
			 disqualifying offense, unless the applicant demonstrates by clear and
			 convincing evidence that the applicant is rehabilitated pursuant to Iowa Code
			 section
			 272C.15.
			 An applicant with one or more disqualifying offenses who has been found
			 rehabilitated must still satisfy all other requirements for
			 licensure.
d.
Nonrefundable
			 fees.
Any application fees will not be refunded if the license is
			 denied.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions set forth in Iowa Code section
				105.2 are incorporated herein by
				reference. For the purpose of these rules, the following definitions
				apply:
"Approved program/activity"
means a continuing
				education program/activity meeting the standards set forth in these
				rules.
"Compliance review"
means the selection by the
				board of licensees for verification of satisfactory completion of continuing
				education requirements during a specified continuing education compliance
				period.
"Continuing education"
means planned,
				organized learning acts acquired during licensure designed to maintain,
				improve, or expand a licensee's knowledge and skills relevant to the
				enhancement of practice, education, or theory development to improve the safety
				and welfare of the public.
"Continuing education compliance period"
means
				the period between renewals during which a licensee must obtain the requisite
				amount of continuing education in order to renew the licensee's license.
"Hour of continuing education"
means at least
				50 minutes spent in one sitting by a licensee in actual attendance at and in
				completion of an approved continuing education activity.
"Iowa mechanical code"
means the most current
				version of the International Mechanical Code, as adopted and amended by the
				board.
"Iowa plumbing code"
means the most current
				version of the Uniform Plumbing Code, as adopted and amended by the
				board.
"License"
means a license to practice pursuant
				to Iowa Code chapter 105.
"Licensee"
means any person licensed to work
				in a specific discipline covered under Iowa Code chapter 105.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.2 - Continuing Education Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The continuing
			 education compliance period begins on the license issue date and ends on the
			 license expiration date.
(2) During
			 each continuing education compliance period, each active or inactive master and
			 journeyperson licensee shall obtain the following continuing education:
a. Safety education. Two hours of continuing
			 education in the content area of the Iowa occupational safety and health Act if
			 holding a single license and four hours if holding multiple licenses.
b. Code education.
(1) Two hours of continuing education in the
			 content area of the Iowa mechanical code if holding one or more licenses or
			 sublicenses in a mechanical discipline.
(2) Two hours of continuing education in the
			 content area of the Iowa plumbing code if holding a plumbing license or
			 sublicense.
c. Discipline
			 education.
(1) Four hours of continuing
			 education in the discipline in which the licensee holds a license if the
			 licensee holds a single plumbing license or sublicense, or a single license or
			 sublicense in a mechanical discipline.
(2) Eight hours of continuing education in
			 the relevant disciplines if holding multiple licenses or sublicenses.
d. Private school or college
			 maintenance specialty license. For the purposes of this subrule, a private
			 school or college routine maintenance specialty license is considered to be a
			 sublicense of whatever discipline(s) in which the licensee actually
			 practices.
e. An individual
			 possessing one or more inactive special restricted licenses under 641-subrule
			 23.8(3) does not have to complete any continuing education hours for the
			 special restricted license so long as the person remains actively licensed as
			 an apprentice.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.3 - Continuing Education Programs/activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standards for continuing education programs/activities.
A
			 program/activity is appropriate for continuing education credit if the
			 program/activity meets all of the following criteria:
a. Is board-approved;
b. Constitutes an organized program of
			 learning that contributes directly to the professional competency of the
			 licensee;
c. Pertains to subject
			 matters that integrally relate to the practice of the discipline;
d. Is conducted by individuals who have
			 obtained board approval as set forth in subrule 30.4(1). This criterion is not
			 needed for computer-based continuing education programs/activities conducted
			 pursuant to subrule 30.2(3);
e.
			 Fulfills stated program goals, objectives, or both; and
f. Covers product knowledge, methods, and
			 systems of one or more of the following:
(1)
			 The theory and technique for a specific discipline;
(2) The current Iowa plumbing code, Iowa
			 mechanical code, or both;
(3) The
			 standards comprising the current Iowa occupational safety and health
			 Act.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.4 - Course Instructor (s)

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure and standards for board approval of instructors.
An
			 individual seeking board approval to instruct continuing education
			 programs/activities will:
a. File an
			 application in the form prescribed by the board without alteration;
b. Attach copies of documents, licenses,
			 degrees, and other materials demonstrating compliance with the requirements for
			 the type of continuing education program/activity as set forth below.
(1) If seeking approval to instruct in the
			 content area of the Iowa occupational safety and health Act, an individual must
			 either possess and maintain a current Iowa occupational safety and health Act
			 500, 501, 502, or 503 card or completion certificate, or both, or possess a
			 current train-the-trainer or instructor card or other certification or
			 safety-related degree or diploma issued by the American Heart Association,
			 American Red Cross, Health and Safety Institute, National Safety Council, Board
			 of Certified Safety Professionals, or board-approved equivalent.
(2) If seeking approval to instruct in the
			 content area of the Iowa plumbing code or Iowa mechanical code, or both, an
			 individual must:
1. Possess a current license
			 issued by the board at the journey or master level in the applicable discipline
			 under that code,
2. Possess a
			 current license as a professional engineer under Iowa Code chapter
			 542B,
3. Present evidence of having
			 taught at least eight contact hours in the applicable code within the last
			 three years,
4. Possess a current
			 inspector or plans examiner certificate issued by a code body in the
			 discipline, or
5. Demonstrate
			 equivalent specialized education or training.
(3) If seeking approval to instruct in the
			 content area of a practice discipline, an individual must:
1. Possess a current license issued by the
			 board at the journey or master level in the applicable discipline,
2. Possess a current license as a
			 professional engineer under Iowa Code chapter 542B,
3. Provide evidence of employment as a
			 product representative with manufacturer training,
4. Present evidence of having taught at least
			 eight contact hours in the applicable discipline within the last year,
			 or
5. Demonstrate equivalent
			 specialized education or training.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.5 - Compliance Review of Continuing Education Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The board may conduct a review of a licensee's license renewal
				application to determine compliance with continuing education
				requirements.
(1) Upon board request,
			 the licensee must submit to the board an individual certificate of completion
			 issued to the licensee or evidence of successful completion of the course from
			 the course sponsor or course instructor containing the course title, date(s),
			 contact hours, sponsor's name, and licensee's name. In some instances,
			 licensees will be requested to provide to the board additional information
			 including, but not limited to, program content, objectives, presenters,
			 location, and schedule. An inclusive brochure may be acceptable.
(2) A licensee must submit all information
			 set forth in subrule 30.5(1) within 30 calendar days following the board's
			 request. The board may grant extensions on an individual basis.
(3) If the submitted materials are incomplete
			 or unsatisfactory and the board determines that the deficiency was the result
			 of good faith conduct on the part of the licensee, the licensee may be given
			 the opportunity to submit make-up credit to cover the deficit found through the
			 audit. A licensee must complete the continuing education hours and submit
			 documentation establishing completion of the required make-up continuing
			 education hours to the board within 120 calendar days from the date of the
			 board's finding of good-faith conduct.
(4) A licensee's failure to provide the board
			 with an accurate mailing address is not an excuse for noncompliance with this
			 rule.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.6 - Continuing Education Exemptions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Automatic exemptions.
A licensee will be exempt from the
			 continuing education requirement during the continuing education compliance
			 period when that person:
a. Served honorably
			 on active duty in the military service;
b. Resided in another state or district
			 having continuing education requirements for the discipline and met all
			 mandates of that state or district for practice therein;
c. Was a government employee working in the
			 licensee's specialty and assigned to duty outside the United States;
d. Was absent from the state but engaged in
			 active practice under circumstances that are approved by the board;
e. Obtained a journeyperson license by
			 examination provided that the licensee maintains the same renewal date as the
			 licensee's apprentice license. This automatic exemption only applies to the
			 licensee's first renewal of the journeyperson license;
f. Obtained a specialty, journeyperson, or
			 master license with less than one year remaining in the continuing education
			 compliance period. This exemption applies only to the licensee's first renewal
			 of that license and only to each license that was issued with less than one
			 year remaining in the continuing education compliance period; or
g. Possesses an inactive specialty license
			 under 641-subrule 23.8(3) and is also actively licensed as an
			 apprentice.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.7 - Continuing Education Extensions

Current through Register Vol. 47, No. 3, July 24, 2024
The board may, in individual cases involving hardship or
				extenuating circumstances, grant an extension of time within which to fulfill
				the minimum continuing education requirements if the request for extension is
				made prior to the license expiration date. Hardship or extenuating
				circumstances include documented circumstances beyond the control of the
				licensee that prevent attendance at necessary activities.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 30 - Continuing Education for Plumbing and Mechanical Systems Professionals › Rule 641-30.8 - Continuing Education Reporting Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Non-computer-based continuing education programs/activities.
For non-computer-based continuing education programs/activities, at the
			 conclusion of each continuing education course, the course instructor will:
a. Inform each attending licensee that a
			 survey of the course and instructor may be completed and submitted by the
			 licensee to the board through either a board-approved written or online
			 evaluation form.
b. Provide a
			 certificate of completion to each licensee who attends the course. The
			 certificate of completion will include the following information:
(1) The licensee's full name and board-issued
			 license number;
(2) The course name
			 or title;
(3) The board-approved
			 course identification number;
(4)
			 The date of the course;
(5) The
			 number of program contact hours;
(6) The instructor's full name and
			 board-approved identification number; and
(7) The instructor's signature.
c. Submit to the board a typed or
			 electronic course completion roster within 30 days following the completion of
			 the course. The course completion roster will contain the following
			 information:
(1) The full name and
			 board-issued license number of each attending licensee;
(2) The course name or title;
(3) The board-approved course identification
			 number;
(4) The date of the
			 course;
(5) The location of the
			 course;
(6) The number of program
			 contact hours;
(7) The instructor's
			 full name and board-approved identification number; and
(8) The instructor's signature.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions set forth in Iowa Code section
				105.2 are incorporated herein by
				reference. For purposes of this chapter, the following definitions also
				apply:
"Conviction"
means the same as defined in
				641-Chapter 29.
"Directly relates"
or
"directly
				related"
means the same as Iowa Code section
				272C.1(8)
"a"
and
"b."
"Discipline"
means any sanction the board may
				impose upon licensees.
"Disqualifying conviction"
or
"disqualifying offense"
means the same as in 641-Chapter
				29.
"Lapsed license"
means a license that has
				expired. A lapsed license is no longer valid for practice.
"Licensee"
means any person licensed to
				practice pursuant to Iowa Code chapter 105.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.2 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose any of the disciplinary sanctions provided
				in rule 641-32.3 (105,272C) when the
				board determines that the licensee is guilty of any of the following acts or
				offenses:
(1) Fraud in procuring a
			 license. Fraud in procuring a license includes but is not limited to an
			 intentional perversion of the truth in making application for a license to
			 practice in this state, which includes the following:
a. False representations of a material fact,
			 whether by word or by conduct, by false or misleading allegations, or by
			 concealment of that which should have been disclosed when making application
			 for a license in this state, or
b.
			 Attempting to file or filing with the board or the department of inspections,
			 appeals, and licensing any false or forged diploma, certificate, affidavit,
			 identification or qualification in making an application for a license in this
			 state.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.3 - Method of Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to impose the following
				disciplinary sanctions:
1. Revocation
			 of license.
2. Suspension of
			 license 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, the licensee's engaging in specified
			 procedures, methods, or acts.
4.
			 Probation.
5. Mandate additional
			 education or training.
6. Mandate a
			 reexamination.
7. Order a physical
			 or mental evaluation, or order alcohol and drug screening within a time
			 specified by the board.
8. Impose
			 civil penalties not to exceed $5,000.
9. Issue a citation and warning.
10. Such other sanctions allowed by law as
			 may be appropriate.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.4 - Discretion of Board

Current through Register Vol. 47, No. 3, July 24, 2024
The following factors may be considered by the board in
				determining the nature and severity of the disciplinary sanction to be
				imposed:
1. The relative serious
			 nature of the violation as it relates to ensuring a high standard of
			 professional care to the citizens of this state;
2. The facts of the particular
			 violation;
3. Any extenuating facts
			 or other countervailing considerations;
4. The number of prior violations or
			 complaints;
5. The seriousness of
			 prior violations or complaints;
6.
			 Whether remedial action has been taken; and
7. Such other factors as may reflect upon the
			 competency, ethical standards, and professional conduct of the
			 licensee.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.5 - Civil Penalties-unlicensed Penalties

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 by the board based on the unlawful practices specified in
				Iowa Code section 105.27(1). In
				addition to the procedures set forth in Iowa Code chapters 105 and 272C, this
				chapter applies.
(1)
Unlawful
			 practices.
Practices by an unlicensed person which are subject to
			 civil penalties include, but are not limited to:
a. Acts or practices by unlicensed persons
			 which necessitate licensure to install or repair plumbing, mechanical, HVAC,
			 refrigeration, sheet metal, or hydronic systems under Iowa Code chapter
			 105.
b. Acts or practices by
			 unlicensed persons which necessitate certification to install or repair medical
			 gas piping systems under Iowa Code chapter 105.
c. Engaging in the business of designing,
			 installing, or repairing plumbing, mechanical, HVAC, refrigeration, sheet
			 metal, or hydronic systems without employing a licensed master.
d. Providing plumbing, mechanical, HVAC,
			 refrigeration, sheet metal, or hydronic systems services on a contractual
			 basis.
e. Use or attempted use of a
			 licensee's certificate or wallet card or use or attempted use of an expired,
			 suspended, revoked, or nonexistent certificate.
f. Falsely impersonating a person licensed
			 under Iowa Code chapter 105.
g.
			 Providing false or forged evidence of any kind to the board in obtaining or
			 attempting to obtain a license.
h.
			 Other violations of Iowa Code chapter 105.
i. Knowingly aiding or abetting an unlicensed
			 person or establishment in any activity identified in this rule.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 32 - Plumbing and Mechanical Systems Board-licensee Discipline › Rule 641-32.6 - Collection of Delinquent Civil Penalties and Discipline-related Debts

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board may
			 participate in an income setoff program administered by the department of
			 revenue in accordance with Iowa Code section
			 421.65 and rules promulgated
			 thereunder.
(2) Definitions. For
			 purposes of this rule, the following definitions apply:
"Debtor"
means any person who owes a debt to
				the board as a result of a proceeding in which notice and opportunity to be
				heard was afforded.
"Income offset program"
means the program
				established in Iowa Code section
				421.65 and any rules promulgated
				thereunder through which the department of revenue coordinates with state
				agencies to satisfy liabilities owed to those state agencies.
(3) The board office may provide the
			 department of administrative services a liability file containing pertinent
			 information for the identification of the debtor and liability, including if
			 the status of a debt changes due to payment of the debt, invalidation of the
			 liability, alternate payment arrangements with the debtor, bankruptcy, or other
			 factors.
(4) Due diligence.
a. Before submitting debtor information to
			 the outstanding liability file, the board office will make a good faith attempt
			 to collect from the debtor. Such attempt will include at least all of the
			 following:
(1) A telephone call requesting
			 payment.
(2) An initial letter to
			 the debtor's last discernible address requesting payment within 15
			 days.
(3) A second letter to the
			 debtor's last discernible address requesting payment within ten days.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
means the plumbing and mechanical
				systems board as established pursuant to Iowa Code section
				105.3.
"Contested case"
means a proceeding defined by
				Iowa Code section 17A.2(5)  and
				includes any matter defined as a no factual dispute contested case under Iowa
				Code section 17A.10A.
"Executive officer"
means the executive
				officer for the plumbing and mechanical systems board.
"Issuance"
means the date of mailing of a
				decision or order, or date of delivery if service is by other means, unless
				another date is specified by rule or in the order.
"License"
means a license, registration,
				certificate, permit or other form of practice permission required by Iowa Code
				chapter 105.
"Party"
means the state of Iowa, as
				represented by the assistant attorney general assigned to prosecute the case on
				behalf of the public interest, the respondent, or an intervenor.
"Presiding officer"
means the board, a panel
				of board members, or a panel of nonboard member specialists as provided in Iowa
				Code section 272C.6(1)  and
				272C.6(2)  in a
				disciplinary contested case.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time will be
			 computed as provided in Iowa Code section
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 Except for good cause stated in the record, before extending or shortening the
			 time to take any action, the presiding officer will afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.4 - Probable Cause

Current through Register Vol. 47, No. 3, July 24, 2024
If the board finds there is probable cause for taking
				disciplinary action against a licensee, the board will order a contested case
				hearing commenced by the filing and service of a statement of charges and
				notice of hearing.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.5 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The board, its staff or agent, or a board committee may attempt
				to informally settle a disciplinary case before filing a statement of charges
				and notice of hearing. If the board and the licensee agree to a settlement of
				the case, a statement of charges will be filed simultaneously with a consent
				order, whether as separate or combined documents. By electing to sign a consent
				order, the licensee waives all rights to a hearing and all attendant rights.
				The consent order has the force and effect of a final disciplinary order
				entered in a contested case and is an open record. Matters not involving
				licensee discipline that culminate in a contested case may also be settled
				through consent order. Procedures governing settlement after notice of hearing
				is served are described in rule
				641-33.23
				(272C).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.6 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Legal
			 review.
Every statement of charges and notice of hearing prepared by
			 the board will be reviewed by the office of the attorney general before it is
			 filed.
(2)
Delivery.
Delivery of the statement of charges and notice of
			 hearing constitutes the commencement of the contested case proceeding. Delivery
			 may be executed by personal service or publication as provided in the Iowa
			 Rules of Civil Procedure or by certified mail, return receipt
			 requested.
(3)
Contents.
The statement of charges and notice of hearing will
			 contain the following information:
a. A
			 statement by the board showing that there is probable cause to file the
			 statement of charges;
b. A
			 statement of the time, place, and nature of the hearing;
c. A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
d. A reference to the particular sections of
			 the statutes and rules involved;
e.
			 A short and plain statement of the matters asserted containing sufficient
			 detail to give the respondent fair notice of the allegations so the respondent
			 may adequately respond to the charges, and to give the public notice of the
			 matters at issue;
f. Identification
			 of all parties including the name, address and telephone number of the person
			 who will act as advocate for the board or the state and of parties' counsel
			 where known;
g. Reference to the
			 procedural rules governing conduct of the contested case proceeding;
h. Reference to the procedural rules
			 governing informal settlement;
i.
			 Identification of the presiding officer as the board, a panel of board members,
			 or a panel of nonboard member specialists as provided in Iowa Code section
			 272C.6(1)  and
			 272C.6(2);
			 and
j. A statement requiring the
			 respondent to submit an answer pursuant to subrule 33.13(2) within 20 days
			 after service of the statement of charges.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.7 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person seeking or claiming entitlement to a contested case
				hearing shall file a written request for such a proceeding within the time
				specified by the particular rules or statutes governing the subject matter or,
				in the absence of such law, the time specified in the board action in
				question.
(1)
Contents of
			 request.
The request for a contested case proceeding should:
a. State the name and address of the
			 requester;
b. Identify the specific
			 board action that is disputed;
c.
			 Describe issues of material fact in dispute; and
d. Where the requester is represented by a
			 lawyer, identify the provisions of law or precedent requiring or authorizing
			 the holding of a contested case proceeding in the particular circumstances
			 involved.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.8 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Following the filing of a statement of charges and notice of
				hearing, the office of the attorney general is responsible for the legal
				representation of the public interest in all proceedings before the board. The
				assistant attorney general assigned to prosecute a contested case before the
				board will not represent the board in that case but will represent the public
				interest. Other parties to a proceeding before the board may have counsel at
				their own expense.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.9 - Presiding Officer in a Disciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer in a disciplinary contested case will be
				the board, a panel of not fewer than three board members who are licensed under
				Iowa Code chapter 105, or a panel of nonboard member specialists as provided in
				Iowa Code section 272C.6(1)  and
				272C.6(2). The
				board or a panel of board members when acting as presiding officer may request
				that an administrative law judge perform certain functions as an aid to the
				board or board panel, including ruling on prehearing motions, conducting the
				prehearing conference, ruling on evidentiary objections at hearing, assisting
				in deliberation, or drafting the written decision for review by the board or
				board panel. Decisions of the administrative law judge serving in this capacity
				are subject to the interlocutory appeal provisions of rule
				641-33.29
				(17A).