Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.39 - Hearing on License Denial

Current through Register Vol. 47, No. 3, July 24, 2024
If the board denies an application for an initial, reciprocal
				or comity license, the executive officer shall send written notice to the
				applicant by regular first-class mail identifying the factual and legal basis
				for denying the application. If the board denies an application to renew an
				existing license, the provisions of rule 7.40(546,272C) shall apply.
(1) An applicant who is aggrieved by the
			 denial of an application for licensure and who desires to contest the denial
			 must request a hearing before the board within 30 calendar days of the date the
			 notice of denial is mailed. A request for a hearing must be in writing and is
			 deemed made on the date of the United States Postal Service nonmetered postmark
			 or the date of personal service to the board office. The request for hearing
			 shall specify the factual or legal errors that the applicant contends were made
			 by the board, must identify any factual disputes upon which the applicant
			 desires an evidentiary hearing, and may provide additional written information
			 or documents in support of licensure. If a request for hearing is timely made,
			 the board shall promptly issue a notice of contested case hearing on the
			 grounds asserted by the applicant.
(2) The board, in its discretion, may act as
			 presiding officer at the contested case hearing, may hold the hearing before a
			 panel of three board members, or may request that an administrative law judge
			 act as presiding officer The applicant may request that an administrative law
			 judge act as presiding officer and render a proposed decision pursuant to rule
			 7.10(17A,272C). A proposed decision by a panel of board members or an
			 administrative law judge is subject to appeal or review by the board pursuant
			 to rule 7.32(17A).
(3) License
			 denial hearings are contested cases open to the public. Evidence supporting the
			 denial of the license may be presented by an assistant attorney general. While
			 each party shall have the burden of establishing the affirmative of matters
			 asserted, the applicant shall have the ultimate burden of persuasion as to the
			 applicant's qualification for licensure.
(4) The board, after a hearing on license
			 denial, may grant or deny the application for licensure. If denied, the board
			 shall state the reasons for denial of the license and may state conditions
			 under which the application for licensure might be granted, if
			 applicable.
(5) The notice of
			 license denial, request for hearing, notice of hearing, record at hearing and
			 order are open records available for inspection and copying in accordance with
			 Iowa Code chapter 22. Copies may be provided to the media, collateral
			 organizations and other persons or entities.
(6) Judicial review of a final order of the
			 board denying licensure may be sought in accordance with the provisions of Iowa
			 Code section 17A. 19, which are applicable to judicial review of any agency's
			 final decision in a contested case.