Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 235 - Licensing for Commercial Explosive Contractors and Blasters › Rule 661-235.10 - Grounds for Suspension, Revocation, or Denial of Commercial Explosive Licenses; Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 state fire marshal may refuse to issue a contractor or blaster license for the
			 manufacture, importation, distribution, sale, and commercial use of explosives
			 sought pursuant to Iowa Code section
			 101A.2 or may suspend or revoke
			 such a license for any of the following reasons:
a. Finding that the applicant or licensee is
			 not of good moral character and sound judgment. "Not of good moral character
			 and sound judgment" means disqualified by any provision of federal or Iowa law
			 from possessing explosives, firearms, or offensive weapons.
b. Finding that the applicant or licensee
			 lacks sufficient knowledge of the use, handling, and storage of explosive
			 materials to protect the public safety.
c. Finding that the applicant or licensee
			 falsified information in the current or any previous license
			 application.
d. Finding that the
			 applicant or licensee has been adjudged mentally incompetent at any time by any
			 court, been committed by any court to any mental institution, received
			 inpatient treatment for any mental illness in the past three years, or received
			 treatment by a health care professional for a serious mental illness or
			 disorder which impairs a person's capacity to function normally and safely,
			 both toward themselves and others.
e. Proof that the licensee or applicant has
			 violated any provision of Iowa Code chapter 101A, this chapter, or 661-Chapter
			 231.
f. Receipt of a certificate of
			 noncompliance from the child support recovery unit of the Iowa department of
			 human services, pursuant to the procedures set forth in Iowa Code chapter
			 252J.
g. Receipt of a certificate
			 of noncompliance from the centralized collection unit of the department of
			 revenue, pursuant to Iowa Code chapter 272D.
h. Conviction of a felony offense, if the
			 offense directly relates to the profession or occupation of the applicant, in
			 the courts of this state or another state, territory or country. Conviction as
			 used in this subrule includes a conviction of an offense which if committed in
			 this state would be a felony without regard to its designation elsewhere and
			 includes a finding or verdict of guilt made or returned in a criminal
			 proceeding even if the adjudication of guilt is withheld or not entered. A
			 certified copy of the final order or judgment of conviction or plea of guilty
			 in this state or in another state constitutes conclusive evidence of the
			 conviction. If an applicant is denied under this provision, the applicant shall
			 be notified of the specific reasons for the denial.
i. Knowingly making misleading, deceptive,
			 untrue or fraudulent representations in the practice of the applicant's
			 profession or engaging in unethical conduct or practice harmful or detrimental
			 to the public. Proof of actual injury need not be established.
j. Willful or repeated violations of the
			 provisions of this chapter.