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 will 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
				193-7.40 (546,272C) will
				apply.
(1) An applicant who is
			 aggrieved by the denial of an application for licensure and who desires to
			 contest the denial will need to request a hearing before the board within 30
			 calendar days of the date the notice of denial is mailed. A request for a
			 hearing needs to 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 will specify the factual or legal
			 errors that the applicant contends were made by the board, needs to 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 will 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
			 193-7.10 (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
			 193-7.32 (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 will have the
			 burden of establishing the affirmative of matters asserted, the applicant will
			 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 will 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.