reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.24 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding shall state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 shall be attached to the motion. Any party may file a response within 14 days
			 of service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene shall be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene shall be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion must contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor shall be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances which would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant shall demonstrate that (a) intervention would
			 not unduly prolong the proceedings or otherwise prejudice the rights of
			 existing parties; (b) the movant is likely to be aggrieved or adversely
			 affected by a final order in the proceeding; and (c) the interests of the
			 movant are not adequately represented by existing parties.
(4)
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
			 and briefs of different parties whose interests are aligned with each other and
			 limit the number of representatives allowed to participate actively in the
			 proceedings. A person granted leave to intervene is a party to the proceeding.
			 The order granting intervention may restrict the issues that may be raised by
			 the intervenor or otherwise condition the intervenor's participation in the
			 proceeding.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.24 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion for leave to intervene in a contested case
			 proceeding will state the grounds for the proposed intervention, the position
			 and interest of the proposed intervenor, and the possible impact of
			 intervention on the proceeding. A proposed answer or petition in intervention
			 will be attached to the motion. Any party may file a response within 14 days of
			 service of the motion to intervene unless the time period is extended or
			 shortened by the presiding officer.
(2)
When filed.
Motion for
			 leave to intervene will be filed as early in the proceeding as possible to
			 avoid adverse impact on existing parties or the conduct of the proceeding.
			 Unless otherwise ordered, a motion for leave to intervene will be filed before
			 the prehearing conference, if any, or at least 20 days before the date
			 scheduled for hearing. Any later motion will contain a statement of good cause
			 for the failure to file in a timely manner. Unless inequitable or unjust, an
			 intervenor will be bound by any agreement, arrangement, or other matter
			 previously raised in the case. Requests by untimely intervenors for
			 continuances that would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The movant will demonstrate that (a) intervention would
			 not unduly prolong the proceedings or otherwise prejudice the rights of
			 existing parties; (b) the movant is likely to be aggrieved or adversely
			 affected by a final order in the proceeding; and (c) the interests of the
			 movant are not adequately represented by existing parties.
(4)
Effect of intervention.
If appropriate, the presiding officer may order consolidation of the petitions
			 and briefs of different parties whose interests are aligned with each other and
			 limit the number of representatives allowed to participate actively in the
			 proceedings. A person granted leave to intervene is a party to the proceeding.
			 The order granting intervention may restrict the issues that may be raised by
			 the intervenor or otherwise condition the intervenor's participation in the
			 proceeding.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.26 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer shall 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 shall be confined to the issues as to which the
			 parties received notice prior to the hearing unless the parties waive their
			 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, shall 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 shall be provided to
			 opposing parties. Copies should also be furnished to members of the board. All
			 exhibits admitted into evidence shall be appropriately marked and be made part
			 of the record. The state's exhibits shall be marked numerically, and the
			 applicant's or respondent's exhibits shall be marked alphabetically.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection must be timely and shall 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 shall 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 shall 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
			 shall 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 which may or would be inadmissible in a jury
			 trial.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.26 - 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 the parties waive their
			 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
			 will provide opposing parties with an opportunity to examine the exhibit prior
			 to the ruling on its admissibility. Copies of documents will be provided to
			 opposing parties. Copies will also be furnished to members of the board. All
			 exhibits admitted into evidence will be appropriately marked and be made part
			 of the record. The state's exhibits will be marked numerically, and the
			 applicant's or respondent's exhibits will be marked alphabetically.
(5) Any party may object to specific evidence
			 or may request limits on the scope of any examination or cross-examination.
			 Such an objection needs to be timely and 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.29 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall provide a copy of the whole
				record or any portion of the record at cost. The cost of preparing a copy of
				the record or of transcribing the hearing record shall be paid by the
				requesting party.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.29 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board will provide a copy of the whole record
				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.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.30 - Final Decisions, Publication and Client Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final
			 decision.
When a quorum of the board presides over the reception of
			 evidence at the hearing, the decision is a final decision. The final decision
			 of the board shall be filed with the executive officer. A copy of the final
			 decision and order shall immediately be sent by certified mail, return receipt
			 requested, to the licensee's or other respondent's last-known U.S. Postal
			 Service address or may be served as in the manner of original notices. A
			 party's attorney may waive formal service and accept service in writing for the
			 party. Copies shall be mailed by interoffice mail or first-class mail to the
			 prosecutor and counsel of record.
(2)
Publication of
			 decisions.
Final decisions of the board, including consent agreements
			 and consent orders, are public documents, are available to the public and may
			 be disseminated as provided in Iowa Code chapter 22 by the board or others.
			 Final decisions relating to licensee discipline shall be published in the
			 professional licensing and regulation bureau's newsletter, may be published on
			 the bureau's Web site, and may be transmitted to the appropriate professional
			 association(s), national associations, other states, and news media, or
			 otherwise disseminated. The board may, in its discretion, issue a formal press
			 release.
(3)
Notification
			 of clients.
Within 15 days (or such other time period specifically
			 ordered by the board) of the licensee's receipt of a final decision of the
			 board, whether entered by consent or following hearing, which suspends or
			 revokes a license or accepts a voluntary surrender of a license to resolve a
			 disciplinary case, the licensee shall notify in writing all current clients of
			 the fact that the license has been suspended, revoked or voluntarily
			 surrendered. Such notice shall advise clients to obtain alternative
			 professional services. Within 30 days of receipt of the board's final order,
			 the licensee shall file with the board copies of the notices sent. Compliance
			 with this requirement shall be a condition for an application for
			 reinstatement.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.30 - Final Decisions, Publication and Client Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final decision.
When a
			 quorum of the board presides over the reception of evidence at the hearing, the
			 decision is a final decision. The final decision of the board will be filed
			 with the executive officer. A copy of the final decision and order will
			 immediately be sent by certified mail, return receipt requested, to the
			 licensee's or other respondent's last-known U.S. Postal Service address or may
			 be served as in the manner of original notices. A party's attorney may waive
			 formal service and accept service in writing for the party. Copies will be
			 mailed by interoffice mail or first-class mail to the prosecutor and counsel of
			 record.
(2)
Publication of
			 decisions.
Final decisions of the board, including consent agreements
			 and consent orders, are public documents, are available to the public and may
			 be disseminated as provided in Iowa Code chapter 22 by the board or others.
			 Final decisions relating to licensee discipline will be published in the
			 professional licensing and regulation bureau's newsletter, may be published on
			 the bureau's website, and may be transmitted to the appropriate professional
			 association(s), national associations, other states, and news media, or
			 otherwise disseminated. The board may, in its discretion, issue a formal press
			 release.
(3)
Notification
			 of clients.
Within 15 days (or such other time period specifically
			 ordered by the board) of the licensee's receipt of a final decision of the
			 board, whether entered by consent or following hearing, which suspends or
			 revokes a license or accepts a voluntary surrender of a license to resolve a
			 disciplinary case, the licensee will notify in writing all current clients of
			 the fact that the license has been suspended, revoked or voluntarily
			 surrendered. Such notice will advise clients to obtain alternative professional
			 services. Within 30 days of receipt of the board's final order, the licensee
			 will file with the board copies of the notices sent. Compliance with this
			 requirement will be a condition for an application for reinstatement.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.31 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the administrative law judge, such as a
				ruling on a motion to quash a subpoena or other prehearing motion. In
				determining whether to do so, the board shall weigh the extent to which its
				granting the interlocutory appeal would expedite final resolution of the case
				and the extent to which review of the interlocutory order at the time of the
				issuance of a final decision would provide an adequate remedy. Any request for
				interlocutory review must be filed within 14 days of issuance of the challenged
				order, but no later than the date for compliance with the order or the date of
				hearing, whichever is earlier.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.31 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an interlocutory order of the administrative law judge, such as a
				ruling on a motion to quash a subpoena or other prehearing motion. In
				determining whether to do so, the board will weigh the extent to which its
				granting the interlocutory appeal would expedite final resolution of the case
				and the extent to which review of the interlocutory order at the time of the
				issuance of a final decision would provide an adequate remedy. Any request for
				interlocutory review will need to be filed within 14 days of issuance of the
				challenged order, but no later than the date for compliance with the order or
				the date of hearing, whichever is earlier.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.32 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decision.
Decisions issued by a panel of less than a quorum of the board or by an
			 administrative law judge are proposed decisions. All licensee disciplinary
			 decisions must be issued by the board. A proposed disciplinary decision issued
			 by a panel of the board must be acted upon by the full board in order to become
			 a final decision. In nondisciplinary cases, a proposed decision issued by a
			 panel of the board or an administrative law judge becomes a final decision if
			 not timely appealed by any party or reviewed by the board.
(2)
Appeal by party.
Any
			 adversely affected party may appeal a proposed decision to the board within 30
			 days after issuance of the proposed decision. Such an appeal is required to
			 exhaust administrative remedies and is a jurisdictional prerequisite to seeking
			 judicial review.
(3)
Review.
The board may initiate review of a proposed decision
			 on its own motion at any time within 30 days following the issuance of such a
			 decision.
(4)
Notice of
			 appeal.
An appeal of a proposed decision is initiated by filing a
			 timely notice of appeal with the board. The notice of appeal must be signed by
			 the appealing party or a representative of that party and contain a certificate
			 of service. The notice shall specify:
a. The
			 parties initiating the appeal;
b.
			 The proposed decision or order which is being appealed;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief
			 sought;
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.32 - Appeals and Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decision.
Decisions issued by a panel of less than a
			 quorum of the board or by an administrative law judge are proposed decisions.
			 All licensee disciplinary decisions are obligated to be issued by the board. A
			 proposed disciplinary decision issued by a panel of the board will need to be
			 acted upon by the full board in order to become a final decision. In
			 nondisciplinary cases, a proposed decision issued by a panel of the board or an
			 administrative law judge becomes a final decision if not timely appealed by any
			 party or reviewed by the board.
(2)
Appeal by party.
Any adversely affected party may appeal a
			 proposed decision to the board within 30 days after issuance of the proposed
			 decision. Such an appeal is required to exhaust administrative remedies and is
			 a jurisdictional prerequisite to seeking judicial review.
(3)
Review.
The board may
			 initiate review of a proposed decision on its own motion at any time within 30
			 days following the issuance of such a decision.
(4)
Notice of appeal.
An
			 appeal of a proposed decision is initiated by filing a timely notice of appeal
			 with the board. The notice of appeal needs to be signed by the appealing party
			 or a representative of that party and contain a certificate of service. The
			 notice will specify:
a. The parties initiating
			 the appeal;
b. The proposed
			 decision or order that is being appealed;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief sought;
			 and
e. The grounds for
			 relief.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.33 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party
			 to a contested case proceeding may file an application for rehearing from a
			 final order
(2)
Content of
			 application.
The application for rehearing shall state on whose behalf
			 it is filed, the specific grounds for rehearing, and the relief sought. In
			 addition, the application shall state whether the applicant desires
			 reconsideration of all or part of the board decision on the existing record and
			 whether, on the basis of the grounds enumerated in subrule 7.33(3), the
			 applicant requests an opportunity to submit additional evidence.
(3)
Additional evidence.
A
			 party may request the taking of additional evidence only by establishing that
			 (a) the facts or other evidence arose after the original proceeding, or (b) the
			 party offering such evidence could not reasonably have provided such evidence
			 at the original proceeding, or (c) the party offering the additional evidence
			 was misled by any party as to the necessity for offering such evidence at the
			 original proceeding.
(4)
Time of filing.
The application shall be filed with the board
			 within 20 days after issuance of the final decision. The board's final decision
			 is deemed issued on the date it is mailed or the date of delivery if service is
			 by other means, unless another date is specified in the order The application
			 for rehearing is deemed filed on the date it is received by the board unless
			 the provisions of subrule 7.17(4) apply.
(5)
Notice to other parties.
A copy of the application shall be timely mailed by the applicant to all
			 parties of record not joining therein. If the application does not contain a
			 certificate of service, the board shall serve copies of the application on all
			 parties.
(6)
Disposition.
An application for rehearing shall be deemed
			 denied unless the board grants the application within 20 days after its filing.
			 An order granting or denying an application for rehearing is deemed issued on
			 the date it is filed with the board.
(7)
Proceedings.
If the
			 board grants an application for rehearing, the board may set the application
			 for oral argument or for hearing if additional evidence will be received. If
			 additional evidence will not be received, the board may issue a ruling without
			 oral argument or hearing. The board may, on the request of a party or on its
			 own motion, order or permit the parties to provide written argument on one or
			 more designated issues. The board may be assisted by an administrative law
			 judge in all proceedings related to an application for rehearing.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.33 - Applications for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party
			 to a contested case proceeding may file an application for rehearing from a
			 final order.
(2)
Content of
			 application.
The application for rehearing will state on whose behalf
			 it is filed, the specific grounds for rehearing, and the relief sought. In
			 addition, the application will state whether the applicant desires
			 reconsideration of all or part of the board decision on the existing record and
			 whether, on the basis of the grounds enumerated in subrule 7.33(3), the
			 applicant requests an opportunity to submit additional evidence.
(3)
Additional evidence.
A
			 party may request the taking of additional evidence only by establishing that
			 (1) the facts or other evidence arose after the original proceeding, or (2) the
			 party offering such evidence could not reasonably have provided such evidence
			 at the original proceeding, or (3) the party offering the additional evidence
			 was misled by any party as to the necessity for offering such evidence at the
			 original proceeding.
(4)
Time of filing.
The application will be filed with the board
			 within 20 days after issuance of the final decision. The board's final decision
			 is deemed issued on the date it is mailed or the date of delivery if service is
			 by other means, unless another date is specified in the order. The application
			 for rehearing is deemed filed on the date it is received by the board unless
			 the provisions of subrule 7.17(4) apply.
(5)
Notice to other parties.
A copy of the application will be timely mailed by the applicant to all parties
			 of record not joining therein. If the application does not contain a
			 certificate of service, the board will serve copies of the application on all
			 parties.
(6)
Disposition.
An application for rehearing will be deemed
			 denied unless the board grants the application within 20 days after its filing.
			 An order granting or denying an application for rehearing is deemed issued on
			 the date it is filed with the board.
(7)
Proceedings.
If the
			 board grants an application for rehearing, the board may set the application
			 for oral argument or for hearing if additional evidence will be received. If
			 additional evidence will not be received, the board may issue a ruling without
			 oral argument or hearing. The board may, on the request of a party or on its
			 own motion, order or permit the parties to provide written argument on one or
			 more designated issues. The board may be assisted by an administrative law
			 judge in all proceedings related to an application for rehearing.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.34 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available
.
a. Any party to a contested case proceeding
			 may petition the board for a stay of an order issued in that proceeding or for
			 other temporary remedies, pending review by the board. The petition shall be
			 filed with the notice of appeal and shall state the reasons justifying a stay
			 or other temporary remedy. The board may rule on the stay or authorize the
			 administrative law judge to do so.
b. Any party to a contested case proceeding
			 may petition the board for a stay or other temporary remedies, pending judicial
			 review of all or part of that proceeding. The petition shall state the reasons
			 justifying a stay or other temporary remedy. Seeking a stay from the board is
			 required to exhaust administrative remedies before a stay may be sought from
			 the district court.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.34 - Stays of Board Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the board for a stay of an order
			 issued in that proceeding or for other temporary remedies, pending review by
			 the board. The petition will be filed with the notice of appeal and will state
			 the reasons justifying a stay or other temporary remedy. The board may rule on
			 the stay or authorize the administrative law judge to do so.
b. Any party to a contested case proceeding
			 may petition the board for a stay or other temporary remedies, pending judicial
			 review of all or part of that proceeding. The petition will state the reasons
			 justifying a stay or other temporary remedy. Seeking a stay from the board is
			 required to exhaust administrative remedies before a stay may be sought from
			 the district court.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.35 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs and oral argument should be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.36 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public heahh, safety or welfare, and consistent with the United States
			 Constitution and Iowa Constitution and other provisions of law, the board may
			 issue a written order in compliance with Iowa Code section 17A.I8A to suspend a
			 license in whole or in part, order the cessation of any continuing activity,
			 order affirmative action, or take other action within the jurisdiction of the
			 board by emergency adjudicative order. Before issuing an emergency adjudicative
			 order, the board shall consider factors including, but not limited to, the
			 following:
a. Whether there has been a
			 sufficient factual investigation to ensure that the board is proceeding on the
			 basis of reliable information;
b.
			 Whether the specific circumstances which pose immediate danger to the public
			 health, safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.36 - Emergency Adjudicative Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Necessary emergency
			 action.
To the extent necessary to prevent or avoid immediate danger
			 to the public health, safety or welfare, and consistent with the United States
			 Constitution and Iowa Constitution and other provisions of law, the board may
			 issue a written order in compliance with Iowa Code section
			 17A.18A to suspend a license in
			 whole or in part, order the cessation of any continuing activity, order
			 affirmative action, or take other action within the jurisdiction of the board
			 by emergency adjudicative order. Before issuing an emergency adjudicative
			 order, the board will consider factors, including but not limited to the
			 following:
a. Whether there has been a
			 sufficient factual investigation to ensure that the board is proceeding on the
			 basis of reliable information;
b.
			 Whether the specific circumstances that pose immediate danger to the public
			 health, safety or welfare have been identified and determined to be
			 continuing;
c. Whether the person
			 required to comply with the emergency adjudicative order may continue to engage
			 in other activities without posing immediate danger to the public health,
			 safety or welfare;
d. Whether
			 imposition of monitoring requirements or other interim safeguards would be
			 sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
			 by the board is necessary to avoid the immediate danger.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.37 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision may be sought in
				accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section 17A.
			 19(3), if a party does not file a timely application for rehearing, a judicial
			 review petition must be filed with the district court within 30 days after the
			 issuance of the board's final decision. The board's final decision is deemed
			 issued on the date it is mailed or the date of delivery if service is by other
			 means, unless another date is specified in the order
(2) If a party does file a timely application
			 for rehearing, a judicial review petition must be filed with the district court
			 within 30 days after the application for rehearing is denied or deemed denied.
			 An application for rehearing is denied or deemed denied as provided in subrule
			 7.33(6).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.37 - Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the board's decision may be sought in
				accordance with the terms of Iowa Code chapter 17A.
(1) Consistent with Iowa Code section
			 17A.19(3), if a
			 party does not file a timely application for rehearing, a judicial review
			 petition will need to be filed with the district court within 30 days after the
			 issuance of the board's final decision. The board's final decision is deemed
			 issued on the date it is mailed or the date of delivery if service is by other
			 means, unless another date is specified in the order.
(2) If a party does file a timely application
			 for rehearing, a judicial review petition will need to be filed with the
			 district court within 30 days after the application for rehearing is denied or
			 deemed denied. An application for rehearing is denied or deemed denied as
			 provided in subrule 7.33(6).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.38 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The term "reinstatement" as used in this rule shall include both the
			 reinstatement of a suspended license and the issuance of a new license
			 following the revocation or voluntary surrender of a license. Reinstating a
			 license to active status under this rule is a two-step process:
a. First, the board must determine whether
			 the suspended, revoked, or surrendered license may be reinstated under the
			 terms of the order revoking or suspending the license or accepting the
			 surrender of the license and under the two-part test described in subrule
			 7.38(5).
b. Second, if the board
			 grants the application to reinstate, the licensee must complete and submit an
			 application to demonstrate satisfaction of all administrative preconditions for
			 reinstatement of the license to active status, including verification of
			 completion of all continuing education and payment of reinstatement and renewal
			 fees.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.38 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 term "reinstatement" as used in this rule will include both the reinstatement
			 of a suspended license and the issuance of a new license following the
			 revocation or voluntary surrender of a license. Reinstating a license to active
			 status under this rule is a two-step process:
a. First, the board will need to determine
			 whether the suspended, revoked, or surrendered license may be reinstated under
			 the terms of the order revoking or suspending the license or accepting the
			 surrender of the license and under the two-part test described in subrule
			 7.38(5).
b. Second, if the board
			 grants the application to reinstate, the licensee will need to complete and
			 submit an application to demonstrate satisfaction of all administrative
			 preconditions for reinstatement of the license to active status, including
			 verification of completion of all continuing education and payment of
			 reinstatement and renewal fees.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.40 - Denial of Application to Renew License

Current through Register Vol. 47, No. 3, July 24, 2024
If the board denies a timely and sufficient application to
				renew a license, a notice of hearing shall be issued to commence a contested
				case proceeding.
(1) Hearings on
			 denial of an application to renew a license shall be conducted according to the
			 procedural rules applicable to contested cases. Evidence supporting the denial
			 of the license may be presented by an assistant attorney general. The
			 provisions of subrules 7.39(2) and 7.39(4) to 7.39(6) shall generally apply,
			 although license denial hearings which are in the nature of disciplinary
			 actions will be subject to all laws and rules applicable to such
			 hearings.
(2) Pursuant to Iowa Code
			 section 17A. 18(2), an existing license shall not terminate or expire if the
			 licensee has made timely and sufficient application for renewal until the last
			 day for seeking judicial review of the board's final order denying the
			 application, or a later date fixed by order of the board or the reviewing
			 court.
(3) Within the meaning of
			 Iowa Code section
			 17A.18(2),
			 a timely and sufficient renewal application shall be:
a. Received by the board in paper or
			 electronic form, or postmarked with a nonmetered United States Postal Service
			 postmark on or before the date the license is set to expire or lapse;
b. Signed by the licensee if submitted in
			 paper form or certified as accurate if submitted electronically;
c. Fully completed; and
d. Accompanied with the proper fee. The fee
			 shall be deemed improper if, for instance, the amount is incorrect, the fee was
			 not included with the application, the credit card number provided by the
			 applicant is incorrect, the date of expiration of a credit card is omitted or
			 incorrect, the attempted credit card transaction is rejected, or the
			 applicant's check is returned for insufficient funds.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.40 - Denial of Application to Renew License

Current through Register Vol. 47, No. 3, July 24, 2024
If the board denies a timely and sufficient application to
				renew a license, a notice of hearing will be issued to commence a contested
				case proceeding.
(1) Hearings on
			 denial of an application to renew a license will be conducted according to the
			 procedural rules applicable to contested cases. Evidence supporting the denial
			 of the license may be presented by an assistant attorney general. The
			 provisions of subrules 7.39(2) and 7.39(4) to 7.39(6) will generally apply,
			 although license denial hearings that are in the nature of disciplinary actions
			 will be subject to all laws and rules applicable to such hearings.
(2) Pursuant to Iowa Code section
			 17A.18(2), an
			 existing license will not terminate or expire if the licensee has made timely
			 and sufficient application for renewal until the last day for seeking judicial
			 review of the board's final order denying the application, or a later date
			 fixed by order of the board or the reviewing court.
(3) Within the meaning of Iowa Code section
			 17A.18(2), a
			 timely and sufficient renewal application will be:
a. Received by the board in paper or
			 electronic form, or postmarked with a nonmetered United States Postal Service
			 postmark on or before the date the license is set to expire or lapse;
b. Signed by the licensee if submitted in
			 paper form or certified as accurate if submitted electronically;
c. Fully completed; and
d. Accompanied with the proper fee. The fee
			 will be deemed improper if, for instance, the amount is incorrect, the fee was
			 not included with the application, the credit card number provided by the
			 applicant is incorrect, the date of expiration of a credit card is omitted or
			 incorrect, the attempted credit card transaction is rejected, or the
			 applicant's check is returned for insufficient funds.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.41 - Recovery of Hearing Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
The board may assess the licensee certain fees and expenses
				relating to a disciplinary hearing only if the board finds that the licensee
				has violated a statute or rule enforced by the board. Payment shall be made
				directly to the professional licensing and regulation bureau of the banking
				division of the department of commerce pursuant to rule
				193-2.1
				(272C).
(1) The board may assess the
			 following costs under this rule:
a. For
			 conducting a disciplinary hearing, an amount not to exceed $75.
b. All applicable costs involved in the
			 transcript of the hearing or other proceedings in the contested case including,
			 but not limited to, the services of the court reporter at the hearing,
			 transcription, duplication, and postage or delivery costs. In the event of an
			 appeal to the full board from a proposed panel decision, the appealing party
			 shall timely request and pay for the transcript necessary for use in the board
			 appeal process. The board may assess the transcript cost against the licensee
			 pursuant to Iowa Code section
			 272C.6(6)
			  or against the requesting party pursuant to
			 Iowa Code section 17A. 12(7), as the board deems equitable in the
			 circumstances.
c. All normally
			 accepted witness expenses and fees for a hearing or the taking of depositions,
			 as incurred by the state of Iowa. These costs shall include, but not be limited
			 to, the cost of an expert witness and the cost involved in telephone testimony.
			 The costs for lay witnesses shall be guided by Iowa Code section
			 622.69. The cost for
			 expert witnesses shall be guided by Iowa Code section
			 622.72.
			 Mileage costs shall not be governed by Iowa Code section
			 625.2.
			 The provisions of Iowa Code section
			 622.74 regarding
			 advance payment of witness fees and the consequences of failure to make such
			 payment are applicable with regard to any witness who is subpoenaed by either
			 party to testify at hearing. Additionally, the board may assess travel and
			 lodging expenses for witnesses at a rate not to exceed the rate applicable to
			 state employees on the date the expense is incurred.
d. All normally applicable costs incurred by
			 the state of Iowa involved in depositions including, but not limited to, the
			 services of the court reporter who records the deposition, transcription,
			 duplication, and postage or delivery costs. When a deposition of an expert
			 witness is taken, the deposition cost shall include a reasonable expert witness
			 fee. The expert witness fee shall not exceed the expert's customary hourly or
			 daily rate, and shall include the time spent in travel to and from the
			 deposition but exclude time spent in preparation for the deposition.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.41 - Recovery of Hearing Fees and Expenses

Current through Register Vol. 47, No. 3, July 24, 2024
The board may assess the licensee certain fees and expenses
				relating to a disciplinary hearing only if the board finds that the licensee
				has violated a statute or rule enforced by the board. Payment will be made
				directly to the professional licensing and regulation bureau of the department
				of inspections, appeals, and licensing pursuant to rule
				193-2.1 (272C).
(1) The board may assess the following costs
			 under this rule:
a. For conducting a
			 disciplinary hearing, an amount not to exceed $75.
b. All applicable costs involved in the
			 transcript of the hearing or other proceedings in the contested case including
			 but not limited to the services of the court reporter at the hearing,
			 transcription, duplication, and postage or delivery costs. In the event of an
			 appeal to the full board from a proposed panel decision, the appealing party
			 will timely request and pay for the transcript necessary for use in the board
			 appeal process. The board may assess the transcript cost against the licensee
			 pursuant to Iowa Code section
			 272C.6(6)  or
			 against the requesting party pursuant to Iowa Code section
			 17A.12(7), as
			 the board deems equitable in the circumstances.
c. All normally accepted witness expenses and
			 fees for a hearing or the taking of depositions, as incurred by the state of
			 Iowa. These costs will include but not be limited to the cost of an expert
			 witness and the cost involved in telephone testimony. The costs for lay
			 witnesses will be guided by Iowa Code section
			 622.69. The cost for expert
			 witnesses will be guided by Iowa Code section
			 622.72. Mileage costs will not
			 be governed by Iowa Code section
			 625.2. The provisions of Iowa
			 Code section 622.74 regarding advance payment of witness fees and the
			 consequences of failure to make such payment are applicable with regard to any
			 witness who is subpoenaed by either party to testify at hearing. Additionally,
			 the board may assess travel and lodging expenses for witnesses at a rate not to
			 exceed the rate applicable to state employees on the date the expense is
			 incurred.
d. All normally
			 applicable costs incurred by the state of Iowa involved in depositions,
			 including but not limited to the services of the court reporter who records the
			 deposition, transcription, duplication, and postage or delivery costs. When a
			 deposition of an expert witness is taken, the deposition cost will include a
			 reasonable expert witness fee. The expert witness fee will not exceed the
			 expert's customary hourly or daily rate, and will include the time spent in
			 travel to and from the deposition but exclude time spent in preparation for the
			 deposition.