Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 16 - Contested Cases › Rule 811-16.31 - Disciplinary Hearing-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 credential holder:
"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.
"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.
"Medical examination fees"
means actual costs
				incurred by the board in a physical, mental, chemical abuse, or other
				impairment-related examination or evaluation of a credential holder when the
				examination or evaluation is conducted pursuant to an order of the
				board.
"Record"
means the proceedings of the hearing
				including but not limited to the transcript and any documentary evidence
				admitted or offered at the hearing.
"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 the amount authorized in Iowa Code section
			 272C.6 for conducting a
			 disciplinary hearing that results in disciplinary action taken against the
			 credential holder by the board. An order assessing a fee must be included as
			 part of the board's final decision. The order must direct the credential holder
			 to deliver payment directly to the department of agriculture and land
			 stewardship as provided in subrule 16.31(6).
(3)
Recovery of related hearing
			 costs.
The board may also recover from the credential holder the costs
			 for transcripts, witness fees and expenses, depositions, and medical
			 examination fees, if disciplinary action is taken. The board may assess these
			 costs in the manner it deems most equitable in accordance with the following:
a.
Transcript costs.
The
			 board may assess the transcript costs against the credential holder 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 that 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 must timely request and pay
			 for the transcript necessary for use in the board appeal process.