reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 8 - Declaratory Orders › Rule 645-8.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(Designate office)", insert "(name of
				specific licensing board in the professional licensure division), Professional
				Licensure, Department of Public Health, Fifth Floor, Lucas State Office
				Building, Des Moines, Iowa 50319-0075".
In lieu of the words "(AGENCY NAME)", the heading on the
				petition should read:
BEFORE THE (insert the name of the specific board in the
				professional licensure division)
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 8 - Declaratory Orders › Rule 645-8.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", insert "(name of the specific board in the professional licensure
				division), Professional Licensure, Fifth Floor, Lucas State Office Building,
				Des Moines, Iowa 50319-0075".
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.1 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Complaints can
			 be submitted online, in writing, or verbally and are to include the name and
			 contact information of the complainant, the name of the licensee, and a concise
			 statement of the allegations against the licensee. A complaint may also be
			 initiated by the board.
(2) A
			 person is not civilly liable for filing a complaint in good faith or for
			 cooperating with a board investigation.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.2 - Report of Malpractice Claims or Actions or Disciplinary Actions

Current through Register Vol. 47, No. 3, July 24, 2024
The licensee will submit any judgment or settlement in a
				malpractice claim or any disciplinary action taken by another licensing
				authority in another state or jurisdiction to the board within 30 days of the
				date of occurrence.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.3 - Report of Acts or Omissions

Current through Register Vol. 47, No. 3, July 24, 2024
A licensee who has knowledge of rule violations committed by
				another licensee will file a report to the board. The report will include the
				name and contact information of the licensee and the date, time, and place of
				the incident.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.4 - Investigation of Complaints or Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Board staff may request additional information, solicit a
				response from the licensee, subpoena records, conduct interviews, gather
				evidence, and perform other investigatory duties to sufficiently inform the
				board.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.5 - Issuance of Investigatory Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
			 administrator or designee may, upon the written request of a board investigator
			 or on the administrator's own initiative, subpoena books, papers, records, and
			 other real evidence that is necessary for the board to decide whether to
			 institute a contested case proceeding. In the case of a subpoena for mental
			 health records, each of the following conditions shall be satisfied prior to
			 the issuance of the subpoena:
a. The nature
			 of the complaint reasonably justifies the issuance of a subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. An attempt was made to
			 notify the patient and to secure an authorization from the patient for release
			 of the records at issue.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.6 - Peer Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A complaint may
			 be assigned to a peer reviewer for review and report to the board.
(2) The board determines what complaints or
			 other matters are referred to a peer reviewer.
(3) Peer reviewers are not to be liable for
			 acts, omissions, or decisions made in connection with service made in good
			 faith.
(4) The peer reviewer will
			 observe the requirements of confidentiality imposed by Iowa Code section
			 272C.6.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 9 - Complaints and Investigations › Rule 645-9.7 - Appearance

Current through Register Vol. 47, No. 3, July 24, 2024
The board may request that a licensee appear before a committee
				of the board to discuss a pending investigation. By electing to participate in
				the committee appearance, the licensee waives any objection to a board member
				both participating in the appearance and later participating as a decision
				maker in a contested case proceeding. By electing to participate in the
				committee appearance, the licensee further waives any objection to the board
				administrator assisting the board in the contested case
				proceeding.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
In lieu of the words "(insert agency
			 head)", insert "board administrator" or the particular agency office where the
			 record is kept. If a request for access to a record is misdirected, agency
			 personnel will promptly forward the request to the Professional Licensure
			 Division, Lucas State Office Building, Des Moines, Iowa 50319-0075.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are 8
			 a.m. to 4:30 p.m. excluding Saturdays, Sundays and legal holidays.
(7)
Fees.
c.
Search and supervisory
			 fee.
An hourly fee may be charged for actual agency expenses in
			 searching for and supervising the examination and copying of requested records
			 when the time required is in excess of one hour. The custodian shall
			 prominently post in agency offices the hourly fees to be charged for search and
			 supervision of records. That hourly fee shall not be in excess of the hourly
			 wage of an agency clerical employee who ordinarily would be appropriate and
			 suitable to perform this supervisory function.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.5 - Request for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(7) This rule does
			 not allow a person to request confidential record status for records of
			 licensee disciplinary proceedings which are required by law to be public
			 records.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.9 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records
			 are routinely disclosed without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records occurs without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without consent
			 of the subject:
a. For a routine use as
			 defined in rule 10.10(17A,22) or in the notice for a particular record
			 system.
b. To a recipient who has
			 provided the board with advance written assurance that the record will be used
			 solely as a statistical research or reporting record, provided that the record
			 is transferred in a form that does not identify the subject.
c. Investigative information in the
			 possession of a licensing board or its employees or agents which relates to
			 licensee discipline may be disclosed to appropriate licensing authorities
			 within this state, the appropriate licensing authority in another state, the
			 District of Columbia, or territory or country in which the licensee is licensed
			 or has applied for a license. If the investigative information in the
			 possession of a licensing board or its employees or agents indicates a crime
			 has been committed, the information shall be reported to the proper law
			 enforcement agency.
d. To the
			 legislative services agency under Iowa Code section
			 2A3..
e. Disclosures in the course of employee
			 disciplinary proceedings.
f. In
			 response to a court order or subpoena.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.10 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Defined.
"Routine use"
means the disclosure of a record without the
			 consent of the subject or subjects, for a purpose which is compatible with the
			 purpose for which the record was collected. It includes disclosures required to
			 be made by statute other than the public records law, Iowa Code chapter
			 22.
(2) To the extent allowed by
			 law, the following uses are considered routine uses of all board records:
a. Disclosure to those officers, employees,
			 and agents of the board who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
b. Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order.
c. Disclosure to
			 the department of inspections and appeals and the attorney general's office for
			 the matters in which it is performing services or functions on behalf of the
			 board.
d. Transfers of information
			 within the board office and among board members, to other state boards and
			 departments, or to local units of government as appropriate to carry out the
			 board's statutory authority.
e.
			 Information released to staff of federal and state entities for audit purposes
			 or for purposes of determining whether the board is operating a program
			 lawfully.
f. Any disclosure
			 specifically authorized by the statute under which the record was collected or
			 maintained.
g. Disclosure to the
			 public and news media of pleadings, motions, orders, final decisions and
			 informal settlements filed in licensee disciplinary proceedings.
h. Transmittal to the district court of the
			 record in a disciplinary hearing, pursuant to Iowa Code section
			 17A19(6).,
			 regardless of whether the hearing was open or closed.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.11 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent
			 to disclosure by a subject individual.
To the extent permitted by law,
			 the subject may consent in writing to board disclosure of confidential records
			 as provided in rule 10.7(17A,22).
(2)
Complaints to public officials.
A letter from a subject of a confidential record to a public official
			 which seeks the official's intervention on behalf of the subject in matter that
			 involves the board may, to the extent permitted by law, be treated as an
			 authorization to release sufficient information about the subject to the
			 official to resolve the matter.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.12 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The subject of
			 a confidential record may file a written request to review confidential records
			 about that person as provided in rule 10.6(17A,22). However, the board need not
			 release the following records to the subject:
a. All information in licensee complaint and
			 investigation files maintained by the board for purposes of licensee discipline
			 is required to be withheld from the subject prior to the filing of formal
			 charges and the notice of hearing in a licensee disciplinary
			 proceeding.
b. Records need not be
			 disclosed to the subject when they are the work product of an attorney or are
			 otherwise privileged.
c. Peace
			 officers' investigative reports may be withheld from the subject, except as
			 required by the Iowa Code. (See Iowa Code section
			 227(5).)
d. As otherwise authorized by law.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.14 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes the nature and extent of personally
				identifiable information which is collected, maintained, and retrieved by the
				board by personal identifier in record systems as defined in rule 10.1(17A,22).
				For each record system, this rule describes the legal authority for the
				collection of that information, and the means of storage of that information.
				The board does not use a data processing system to match, collate, or permit
				the comparison of personally identifiable information in one record system with
				personally identifiable information in another record system. The record
				systems maintained by the board are:
(1)
Records of board disciplinary
			 hearings.
These records contain information about licensees who are
			 the subject of a board disciplinary proceeding or other action. This
			 information is stored on paper, and electronically in the event the hearing is
			 tape recorded.
(2)
Complaint reports.
These records contain information about
			 licensees and the people they serve. This information is collected pursuant to
			 Iowa Code sections
			 272C3.
			 and
			 272C4.. This
			 information is stored on paper only.
(3)
Investigative reports.
These records contain information about the subjects of board investigations
			 and the activities of board investigators. The records may include a variety of
			 attachments such as interviews, audits, medical records, exhibits, police
			 reports, and investigators' comments, conclusions and recommendations. This
			 information is collected pursuant to Iowa Code sections
			 272C3.,
			 272C4., and
			 272C5..
			 This information is stored on paper and electronically.
(4)
Declaratory rulings.
(5)
Licensure
			 records.
These records contain information about the licensee
			 including any or all of the following: transcripts, collected pursuant to Iowa
			 Code section
			 14719.;
			 application for licensure by examination, collected pursuant to Iowa Code
			 sections
			 14729. through
			 14743.;
			 birth certificates, collected pursuant to Iowa Code section
			 1473.; references,
			 collected pursuant to Iowa Code section
			 1473.; past felony
			 record, collected pursuant to Iowa Code section
			 1473.; high school
			 graduation or equivalency records, collected pursuant to Iowa Code section
			 14729.; examination
			 scores, collected pursuant to Iowa Code section
			 14734.; continuing
			 education records, collected pursuant to Iowa Code section
			 272C2..
			 In the case of licensure by endorsement the board collects verification of
			 licensure by another board pursuant to Iowa Code section 147.47. This
			 information is stored on paper or microfilm only.
(6)
Information on nonlicensee
			 complaint and nonlicensee investigation files maintained by the board.
This information is collected pursuant to Iowa Code chapter 147. This
			 information is stored on paper only.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.15 - Other Groups of Records Routinely Available for Public Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the board
				other than record systems as defined in rule 10.2(17A,22). These records are
				not maintained or retrieved by personal identifiers. These records are
				routinely available to the public. However, the board's files of these records
				listed in subrules 10.14(1) to 10.14(6) may contain information about
				individuals. The only information stored electronically is names, addresses,
				current status of licenses, licensee number and statistical information
				pertaining to individuals. All other information is stored on paper. These
				records include:
1. Records of board
			 rule-making procedures. Rule-making records may contain information about
			 individuals making written or oral comments or proposed rules.
2. Agendas, minutes and materials presented
			 to the board are available from the office of the board except those records
			 concerning closed sessions which are exempt from disclosure under Iowa Code
			 section
			 215(4).. These
			 records may contain information about individuals who participate in board
			 meetings.
3. Publications. News
			 releases, annual reports, project reports, board newsletters, etc.are available
			 from the office of the board. Brochures describing various board programs are
			 available at local offices of the board.
Board news releases, project reports, and newsletters may
				contain information about individuals, including board members or staff.
4. Statistical reports.
			 Statistical reports do not contain personally identifiable
			 information.
5. Board decisions,
			 final orders or agreements, advisory opinions and other statements of law or
			 policy issued by the board in the performance of its functions. These records
			 are open pursuant to Iowa Code section
			 272C6(4).
			 except for information that is confidential pursuant to subrule
			 10.13(2)
"c."
6.
			 Financial reports pertaining to the board's budget including its revenues and
			 expenses. This information is stored electronically and on paper.
7. Blank forms utilized by the board and its
			 staff in the performance of its function. This information is stored on paper
			 only.
8. A record inventory of all
			 categories of information and records maintained by or on behalf of the board.
			 This inventory is stored on paper only.
9. All other records that are not exempted
			 from disclosure by law.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 10 - Public Records and Fair Information Practices › Rule 645-10.16 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
1. Require the agency to index or retrieve
			 records which contain information about individuals by that person's name or
			 other personal identifier.
2. Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
3. Govern the maintenance or disclosure of,
			 notification of, or access to, records in the possession of the agency which
			 are governed by the rules of another agency.
4. Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
5. Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, statutes, rules of
			 discovery, evidentiary privileges, and applicable rules of the
			 agency.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section 17A.2(5)  and
				includes any matter defined as a no factual dispute contested case under Iowa
				Code section 17A.10A.
"Issuance"
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order.
"Party"
means the state of Iowa as represented
				by the assistant attorney general assigned to prosecute the case on behalf of
				the public interest, the respondent, or an intervenor.
"Presiding officer"
means the board of
				__________ examiners.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time will be
			 computed as provided in Iowa Code section
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute
			 or by rule. Except for good cause stated in the record, before extending or
			 shortening the time to take any action, the presiding officer will afford all
			 parties an opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.4 - Probable Cause

Current through Register Vol. 47, No. 3, July 24, 2024
If the board finds there is probable cause for taking
				disciplinary action against a licensee following investigation, the board will
				order that a contested case hearing be commenced by the filing of a statement
				of charges and notice of hearing.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.5 - Statement of Charges and Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Legal
			 review.
Every statement of charges and notice of hearing prepared by
			 the board will be reviewed by the office of the attorney general prior to
			 filing.
(2)
Delivery.
Delivery of the statement of charges and notice of
			 hearing constitutes the commencement of the contested case proceeding. Delivery
			 may be executed by:
a. Personal service as
			 provided in the Iowa Rules of Civil Procedure; or
b. Restricted certified mail, return receipt
			 requested; or
c. Publication, as
			 provided in the Iowa Rules of Civil Procedure.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.6 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
Following the filing of the statement of charges and notice of
				hearing, the office of the attorney general will be responsible for the legal
				representation of the public interest in all proceedings before the board. The
				assistant attorney general assigned to prosecute a contested case before the
				board will not represent the board in that case but will represent the public
				interest. All other parties to a proceeding before the board will be entitled
				to have counsel at their own expense.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.7 - Presiding Officer in a Disciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer in a disciplinary contested case will be
				the board. The board may request that an administrative law judge assist the
				board with initial rulings on prehearing matters. Decisions of the
				administrative law judge serving in this capacity are subject to the
				interlocutory appeal provisions of rule
				645-11.24 (17A). An
				administrative law judge may assist and advise the board at the contested case
				hearing.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.9 - Presiding Officer in a Nondisciplinary Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party in a
			 nondisciplinary contested case who wishes to request that the presiding officer
			 assigned to render a proposed decision be an administrative law judge employed
			 by the department of inspections, appeals, and licensing must file a written
			 request within 20 days after service of a notice of hearing that identifies or
			 describes the presiding officer as the board.
(2) The board may deny the request only upon
			 a finding that one or more of the following apply:
a. There is a compelling need to expedite
			 issuance of a final decision in order to protect the public health, safety, or
			 welfare.
b. An administrative law
			 judge with the qualifications identified in subrule 11.9(4) is unavailable to
			 hear the case within a reasonable time.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.10 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person will withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated, in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) Is a party to
			 the case, or an officer, director or trustee of a party;
(2) Is a lawyer in the case;
(3) Is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any other
			 legally sufficient cause to withdraw from participation in the decision making
			 in that case.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.11 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings where:
a. The matters at issue involve common
			 parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.12 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Pleadings.
Pleadings may be required by rule, by the statement
			 of charges, or by order of the presiding officer.
(2)
Answer.
An answer will
			 be filed within 20 days of service of the statement of charges and notice of
			 hearing.
a. An answer will:
(1) Identify on whose behalf it is
			 filed;
(2) Set forth the name,
			 address and telephone number of the person filing the answer, the person on
			 whose behalf it is filed, and the attorney, if any, representing that
			 person;
(3) Specifically admit,
			 deny, or otherwise answer all material allegations of the statement of charges;
			 and
(4) Set forth any facts deemed
			 necessary to show an affirmative defense and contain as many additional
			 defenses as the respondent may claim.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.13 - Service and Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service-when required.
Except where otherwise provided by law,
			 every document filed in a contested case proceeding will be served upon each of
			 the parties of record to the proceeding, including the person designated as
			 prosecutor for the state, simultaneously with its filing. Except for the
			 original statement of charges and notice of hearing and an application for
			 rehearing as provided in Iowa Code section
			 17A.16(2), the
			 party filing a document is responsible for service on all parties.
(2)
Service-how made.
Service upon a party represented by an attorney will be made upon the attorney
			 unless otherwise ordered. Service is made by delivery or by mailing a copy to
			 the person's last-known address. Service by mail is complete upon mailing,
			 except where otherwise specifically provided by statute, rule, or
			 order.
(3)
Filing-when
			 required.
After the notice of hearing, all documents in a contested
			 case proceeding will be filed with the board. All documents that are required
			 to be served upon a party will be filed simultaneously with the
			 board.
(4)
Filing-when
			 made.
Except where otherwise provided by law, a document is deemed
			 filed at the time it is delivered to the Board of _______ Examiners, Board
			 Administrator, Lucas State Office Building, Des Moines, Iowa 50319; delivered
			 to an established courier service for immediate delivery to that office; or
			 mailed by first-class mail or state interoffice mail to that office, so long as
			 there is proof of mailing.
(5)
Proof of mailing.
Proof of mailing includes:
a. A legible United States Postal Service
			 postmark on the envelope, or
b. A
			 certificate of service, or
c. A
			 notarized affidavit, or
d. A
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the ______ Board, and to the names and addresses of the parties
				listed below by depositing the same in (a United States Post Office mailbox
				with correct postage properly affixed or state interoffice mail).
(Date) (Signature)
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.14 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discovery
			 procedures applicable in civil actions are applicable in contested cases.
			 Unless lengthened or shortened by these rules, by order of the presiding
			 officer, or by agreement of the parties, time periods for compliance with
			 discovery will be as provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery will
			 allege that the moving party has previously made a good-faith attempt to
			 resolve the discovery issues involved with the opposing party. Motions in
			 regard to discovery will be ruled upon by the presiding officer. Opposing
			 parties will be afforded the opportunity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 11.14(1). The presiding officer may rule on the basis of the written motion and
			 any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be
			 used in the contested case proceeding if that evidence would otherwise be
			 admissible in that proceeding.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.15 - Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas
			 issued in a contested case may compel the attendance of witnesses at a
			 deposition or hearing, and may compel the production of books, papers, records,
			 and other real evidence. A command to produce evidence or to permit inspection
			 may be joined with a command to appear at a deposition or hearing, or may be
			 issued separately. Subpoenas shall be issued by the board administrator or
			 designee upon written request. A request for a subpoena of mental health
			 records must confirm the conditions described in 645-subrule 9.5(1) prior to
			 the issuance of the subpoena.
(2) A
			 request for a subpoena will include the following information, as applicable,
			 unless the subpoena is requested to compel testimony or documents for rebuttal
			 or impeachment purposes:
a. The name, address
			 and telephone number of the person requesting the subpoena;
b. The name and address of the person to whom
			 the subpoena shall be directed;
c.
			 The date, time, and location at which the person shall be commanded to attend
			 and give testimony;
d. Whether the
			 testimony is requested in connection with a deposition or hearing;
e. A description of the books, papers,
			 records or other real evidence requested;
f. The date, time and location for
			 production, or inspection and copying; and
g. In the case of a subpoena request for
			 mental health records, confirmation that the conditions described in
			 645-subrule 9.5(1) have been satisfied.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.16 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prehearing
			 motions must be in writing, state the grounds for relief, and state the relief
			 sought.
(2) Any party may file a
			 written response to a motion within ten days after the motion is served, unless
			 the time period is extended or shortened by the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least ten days prior to the date of hearing unless there is
			 good cause for permitting later action or the time for such action is
			 lengthened or shortened by rule of the agency or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.17 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party may
			 request a prehearing conference. Prehearing conferences will be conducted by
			 the board administrator, who may request the assistance of an administrative
			 law judge. A written request for prehearing conference or an order for
			 prehearing conference on the board administrator's own motion will be filed
			 prior to the contested case hearing, but no later than 20 days prior to the
			 hearing date. Written notice of the prehearing conference will be given by the
			 board administrator to all parties. For good cause the board administrator may
			 permit variances from this rule.
(2) The parties at a prehearing conference
			 will be prepared to discuss the following subjects, and the board administrator
			 or administrative law judge may issue appropriate orders concerning:
a. The possibility of settlement.
b. The entry of a scheduling order to include
			 deadlines for completion of discovery.
c. Stipulations of law or fact.
d. Stipulations on the admissibility of
			 exhibits.
e. Submission of expert
			 and other witness lists. Witness lists may be amended subsequent to the
			 prehearing conference within the time limits established by the board
			 administrator or administrative law judge at the prehearing conference. Any
			 such amendments must be served on all parties. Witnesses not listed on the
			 final witness list may be excluded from testifying unless there was good cause
			 for the failure to include their names.
f. Submission of exhibit lists. Exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the board administrator or administrative law judge at the
			 prehearing conference. Exhibits other than rebuttal exhibits that are not
			 listed on the final exhibit list may be excluded from admission into evidence
			 unless there was good cause for the failure to include them.
g. Stipulations for waiver of any provision
			 of law.
h. Identification of
			 matters that the parties intend to request be officially noticed.
i. Consideration of any additional matters
			 that will expedite the hearing.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.18 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Applications
			 for continuances will be filed with the board. If the application for
			 continuance is not contested, the board administrator will issue the
			 appropriate order. If the application for continuance is contested, the matter
			 will be heard by the board or may be delegated by the board to an
			 administrative law judge.
(2) A
			 written application for a continuance will:
a.
			 Be made at the earliest possible time and no less than five working days before
			 the hearing. Within five working days of the date set for hearing, no
			 continuances shall be granted except for extraordinary, extenuating, or
			 emergency circumstances;
b. State
			 the specific reasons for the request; and
c. Be signed by the requesting party or the
			 party's representative.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.19 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer will have the authority to administer oaths, to admit or exclude
			 testimony or other evidence, and to rule on all motions and objections. The
			 presiding officer may request that an administrative law judge perform any of
			 these functions and may be assisted and advised by an administrative law
			 judge.
(2) All objections will be
			 timely made and stated on the record.
(3) Parties have the right to participate or
			 to be represented in all hearings or prehearing conferences related to their
			 case. Any party may be represented by an attorney at the party's own
			 expense.
(4) Subject to terms and
			 conditions prescribed by the presiding officer, parties have the right to
			 introduce evidence on issues of material fact, cross-examine witnesses present
			 at the hearing as necessary for a full and true disclosure of the facts,
			 present evidence in rebuttal, and submit briefs and engage in oral
			 argument.
(5) The presiding officer
			 will maintain the decorum of the hearing and may refuse to admit or may expel
			 anyone whose conduct is disorderly.
(6) Witnesses may be sequestered during the
			 hearing.
(7) The presiding officer
			 will have authority to grant immunity from disciplinary action to a witness as
			 provided by Iowa Code section
			 272C.6(3).
(8) The presiding officer will conduct the
			 hearing in the following manner:
a. The
			 presiding officer will give an opening statement briefly describing the nature
			 of the proceedings;
b. The parties
			 will be given an opportunity to present opening statements;
c. The parties will present their cases in
			 the sequence determined by the presiding officer;
d. Each witness will be sworn or affirmed by
			 the presiding officer or the court reporter and be subject to examination and
			 cross-examination. The presiding officer may limit questioning in a manner
			 consistent with law;
e. When all
			 parties and witnesses have been heard, the parties may be given the opportunity
			 to present final arguments.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.20 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding
			 officer will rule on admissibility of evidence and may, where appropriate, take
			 official notice of facts in accordance with all applicable requirements of
			 law.
(2) Stipulation of facts is
			 encouraged. The presiding officer may make a decision based on stipulated
			 facts.
(3) Evidence in the
			 proceeding will be confined to the issues as to which the parties received
			 notice prior to the hearing unless a party waives the party's right to such
			 notice or the presiding officer determines that good cause justifies expansion
			 of the issues. If the presiding officer decides to admit evidence on issues
			 outside the scope of the notice over the objection of a party who did not have
			 actual notice of those issues, that party, upon timely request, will receive a
			 continuance sufficient to amend pleadings and to prepare on the additional
			 issue.
(4) The party seeking
			 admission of an exhibit must provide opposing parties with an opportunity to
			 examine the exhibit prior to the ruling on its admissibility. Copies of
			 documents should normally be provided to opposing parties. All exhibits
			 admitted into evidence will be appropriately marked and be made part of the
			 record.
(5) Any party may object to
			 specific evidence or may request limits on the scope of any examination or
			 cross-examination. Such an objection will be accompanied by a brief statement
			 of the grounds upon which it is based. The objection, the ruling on the
			 objection, and the reasons for the ruling will be noted in the record. The
			 presiding officer may rule on the objection at the time it is made or may
			 reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
			 the party offering that evidence may submit an offer of proof on the record.
			 The party making the offer of proof for excluded oral testimony will briefly
			 summarize the testimony or, with permission of the presiding officer, present
			 the testimony. If the excluded evidence consists of a document or exhibit, it
			 will be marked as part of an offer of proof and inserted in the
			 record.
(7) Irrelevant, immaterial
			 and unduly repetitious evidence should be excluded. A finding will be based
			 upon the kind of evidence upon which reasonably prudent persons are accustomed
			 to rely for the conduct of their serious affairs, and may be based on hearsay
			 or other types of evidence that may or would be inadmissible in a jury
			 trial.
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.21 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final agency action unless, within 15 days after the
			 date of notification or mailing of the decision, a motion to vacate is filed
			 and served on all parties or an appeal of a decision on the merits is timely
			 initiated. A motion to vacate must state all facts relied upon by the moving
			 party that establish that good cause existed for that party's failure to appear
			 or participate at the contested case proceeding. Each fact so stated must be
			 substantiated by at least one sworn affidavit of a person with personal
			 knowledge of each such fact, which affidavit(s) must be attached to the
			 motion.
(4) The time for further
			 appeal of a decision for which a timely motion to vacate has been filed is
			 stayed pending a decision on the motion to vacate.
(5) Properly substantiated and timely filed
			 motions to vacate will be granted only for good cause shown. The burden of
			 proof as to good cause is on the moving party. Adverse parties will have ten
			 days to respond to a motion to vacate. Adverse parties will be allowed to
			 conduct discovery as to the issue of good cause and to present evidence on the
			 issue prior to a decision on the motion, if a request to do so is included in
			 that party's response.
(6) "Good
			 cause" for purposes of this rule shall have the same meaning as "good cause"
			 for setting aside a default judgment under the Iowa Rules of Civil
			 Procedure.
(7) A decision denying a
			 motion to vacate is subject to further appeal within the time limit allowed for
			 further appeal of a decision on the merits in the contested case proceeding. A
			 decision granting a motion to vacate is subject to interlocutory appeal by the
			 adverse party pursuant to rule
			 645-11.24 (17A).
(8) If a motion to vacate is granted and no
			 timely interlocutory appeal has been taken, the presiding officer will issue
			 another notice of hearing and the contested case will proceed
			 accordingly.
(9) A default decision
			 may provide either that the default decision is to be stayed pending a timely
			 motion to vacate or that the default decision is to take effect immediately,
			 subject to a request for stay under rule
			 645-11.26 (17A).
Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.23 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board will provide a copy of the whole or any
				portion of the record at cost. The cost of preparing a copy of the record or of
				transcribing the hearing record will be paid by the requesting
				party.