Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 11 - Sales and Leases of Goods and Services › Rule 193-11.1 - Selling or Leasing of Goods or Services by Members of the Department of Inspections, Appeals, and Licensing Examining Boards as Defined in 191-chapter 1

Current through Register Vol. 47, No. 3, July 24, 2024
The board members cannot sell or lease, either directly or
				indirectly, any goods or services to individuals, associations, or corporations
				that are subject to the regulatory authority of the department of inspections,
				appeals, and licensing except as authorized by this rule, and by the consent
				documents filed with the Iowa ethics and campaign disclosure board pursuant to
				Iowa Code section 68B.4 and the corresponding
				provisions of rule 351-6.11(68B).
(1)
Conditions of consent for members.
Consent may be given by a
			 majority of the members of the board upon a finding that the conditions
			 required by Iowa Code section
			 68B.4, as described in
			 351-subrule 6.11(4), have been satisfied. The board may grant a blanket consent
			 for sales and leases to classes of individuals, associations, or corporations
			 when such blanket consent is consistent with 351-subrule 6.11(4) and the
			 granting of single consents is impractical or impossible to
			 determine.
(2)
Authorized
			 sales and leases.
a. A member of a
			 department of inspections, appeals, and licensing examining board may sell or
			 lease goods or services to any individual, association, or corporation
			 regulated by any division within the department of inspections, appeals, and
			 licensing, other than the board on which that official serves. This consent is
			 granted because the sale or lease of such goods or services does not affect the
			 board member's duties or functions on the board. Each board has filed its
			 blanket consent to such sales and leases with the ethics and campaign
			 disclosure board.
b. A member of a
			 department of inspections, appeals, and licensing examining board may sell or
			 lease goods or services to any individual, association, or corporation
			 regulated by the licensing board or commission of which that person is a member
			 if those goods or services are routinely provided to the public as part of that
			 person's regular professional practice. This consent is granted because the
			 sale or lease of such goods or services does not affect the board member's
			 duties or functions on the board. In the event a complaint is filed with the
			 licensing board concerning the services provided by the board member to a
			 member of the public, that board member is otherwise prohibited by law from
			 participating in any discussion or decision by the licensing board in that
			 case, as provided, for instance, in the code of administrative judicial conduct
			 in rule 481-15.3 (10A). Each board has
			 filed its blanket consent to such sales and leases with the ethics and campaign
			 disclosure board. The boards intend that the blanket consent be interpreted
			 broadly to allow routine professional services offered directly to the general
			 public and to licensees, such as continuing education instruction or peer
			 review services. Such consent recognizes that those licensees most proficient
			 and ethical in their professional careers may also be among those whose
			 services are desirable to enrich the professional competence of licensees.
			 Interpreting the blanket consent broadly accordingly removes a possible
			 disincentive to board membership.
c. Individual application and approval are
			 not necessary for the sales and leases authorized by this rule and by the
			 consents filed with the ethics and campaign disclosure board unless there are
			 unique facts surrounding a particular sale or lease that would cause the sale
			 or lease to affect the seller's or lessor's duties or functions, would give the
			 buyer or lessee an advantage in dealing with the board, or would otherwise
			 present a conflict of interest as defined in Iowa Code section 68B.2A or common
			 law.