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 Commerce Examining Boards

Current through Register Vol. 47, No. 3, July 24, 2024
The board members shall not 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 commerce
				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 shall 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 lAC 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 lAC 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 commerce examining board may sell or lease goods or services to
			 any individual, association, or corporation regulated by any division within
			 the department of commerce, 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 commerce 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 at 481 lAC
			 10.29(3)
"b. "
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 required 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
			 which 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.