reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.42 - Settlement After Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Settlement negotiations after the notice
			 of hearing is served may be initiated by the licensee or other respondent, the
			 prosecuting assistant attorney general, the board's executive officer, or the
			 board chair or chair's designee.
(2) The board chair or chair's designee shall
			 have authority to negotiate on behalf of the board but shall not have the
			 authority to bind the board to particular terms of settlement.
(3) The respondent is not obligated to
			 participate in settlement negotiations. The respondent's initiation of or
			 consent to settlement negotiation constitutes a waiver of notice and
			 opportunity to be heard during settlement negotiation pursuant to Iowa Code
			 section
			 17A.17
			 and rule 7.28(17A). Thereafter, the prosecuting attorney is authorized to
			 discuss informal settlement with the board chair or chair's designee, and the
			 designated board member is not disqualified from participating in the
			 adjudication of the contested case.
(4) Unless designated to negotiate, no member
			 of the board shall be involved in settlement negotiation until a written
			 consent order is submitted to the full board for approval. No informal
			 settlement shall be submitted to the full board unless it is in final written
			 form executed by the respondent. By signing the proposed consent order, the
			 respondent authorizes the prosecuting attorney or executive officer to have ex
			 parte communications with the board related to the terms of settlement. If the
			 board fails to approve the consent order, it shall be of no force and effect to
			 either party and shall not be admissible at hearing. Upon rejecting a proposed
			 consent order, the board may suggest alternative terms of settlement which the
			 respondent is free to accept or reject.
(5) If the board and respondent agree to a
			 consent order, the consent order shall constitute the final decision of the
			 board. By electing to resolve a contested case through consent order, the
			 respondent waives all rights to a hearing and all attendant rights. A consent
			 order in a licensee disciplinary case shall have the force and effect of a
			 final disciplinary order entered in a contested case and shall be published as
			 provided in rule 7.30(17A,272C).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.42 - Settlement After Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Settlement negotiations after the notice
			 of hearing is served may be initiated by the licensee or other respondent, the
			 prosecuting assistant attorney general, the board's executive officer, or the
			 board chair or chair's designee.
(2) The board chair or chair's designee has
			 authority to negotiate on behalf of the board but does not have the authority
			 to bind the board to particular terms of settlement.
(3) The respondent is not obligated to
			 participate in settlement negotiations. The respondent's initiation of or
			 consent to settlement negotiation constitutes a waiver of notice and
			 opportunity to be heard during settlement negotiation pursuant to Iowa Code
			 section 17A.17 and rule
			 193-7.28 (17A). Thereafter, the
			 prosecuting attorney is authorized to discuss informal settlement with the
			 board chair or chair's designee, and the designated board member is not
			 disqualified from participating in the adjudication of the contested
			 case.
(4) Unless designated to
			 negotiate, no member of the board will be involved in settlement negotiation
			 until a written consent order is submitted to the full board for approval. No
			 informal settlement will be submitted to the full board unless it is in final
			 written form executed by the respondent. By signing the proposed consent order,
			 the respondent authorizes the prosecuting attorney or executive officer to have
			 ex parte communications with the board related to the terms of settlement. If
			 the board fails to approve the consent order, it will be of no force and effect
			 to either party and will not be admissible at hearing. Upon rejecting a
			 proposed consent order, the board may suggest alternative terms of settlement
			 that the respondent is free to accept or reject.
(5) If the board and respondent agree to a
			 consent order, the consent order will constitute the final decision of the
			 board. By electing to resolve a contested case through consent order, the
			 respondent waives all rights to a hearing and all attendant rights. A consent
			 order in a licensee disciplinary case will have the force and effect of a final
			 disciplinary order entered in a contested case and will be published as
			 provided in rule 193-7.30 (17A,272C).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 8 - Denial of Issuance or Renewal, Suspension, or Revocation of License for Nonpayment of Child Support or State Debt › Rule 193-8.2 - Prohibited Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall not suspend or revoke a license issued by the
				board to a person who is in default or is delinquent on repayment or a service
				obligation under federal or state postsecondary educational loans or public or
				private services-conditional postsecondary tuition assistance solely on the
				basis of such default or delinquency.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 9 - Petition for Rule Making › Rule 193-9.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
Any person, board or other state agency may file a petition for
				rule making with the board.
A petition is deemed filed when it is received by that office.
				The board must provide the petitioner with a file-stamped copy of the petition
				if the petitioner provides the board an extra copy for this purpose. The
				petition must be typewritten, or legibly handwritten in ink, and must
				substantially conform to the following form:
(NAME OF EXAMINING BOARD)
Click here to
				view Image
The petition must provide the following information:
1. A statement of the specific rule-making
			 action sought by the petitioner including the text or a summary of the contents
			 of the proposed rule or amendment to a rule and, if it is a petition to amend
			 or repeal a rule, a citation and the relevant language to the particular
			 portion or portions of the rule proposed to be amended or repealed.
2. A citation to any law deemed relevant to
			 the board's authority to take the action urged or to the desirability of that
			 action.
3. A brief summary of
			 petitioner's arguments in support of the action urged in the
			 petition.
4. A brief summary of any
			 data supporting the action urged in the petition.
5. The names, addresses, and e-mail addresses
			 of other persons, or a description of any class of persons, known by petitioner
			 to be affected by, or interested in, the proposed action which is the subject
			 of the petition.
6. Any request by
			 petitioner for a meeting provided for by rule
			 193-9.4
			 (17A).
(1) The petition must be dated and
			 signed by the petitioner or the petitioner's representative. It must also
			 include the name, mailing address, e-mail address, and telephone number of the
			 petitioner and petitioner's representative, and a statement indicating the
			 person to whom communications concerning the petition should be
			 directed.
(2) The board may deny a
			 petition because it does not substantially conform to the required
			 form.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 9 - Petition for Rule Making › Rule 193-9.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the action urged in the petition. The board may request a brief from the
				petitioner or from any other person concerning the substance of the
				petition.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 9 - Petition for Rule Making › Rule 193-9.4 - Board Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Upon request by petitioner in the petition, the board must schedule a brief and
			 informal meeting between the petitioner and the board, a member of the board,
			 or a member of the staff of the board, to discuss the petition. The board may
			 request the petitioner to submit additional information or argument concerning
			 the petition. The board may also solicit comments from any person on the
			 substance of the petition. Also, comments on the substance of the petition may
			 be submitted to the board by any person.
(2) Within 60 days after the filing of the
			 petition, or within any longer period agreed to by the petitioner, the board
			 must, in writing, deny the petition, and notify petitioner of its action and
			 the specific grounds for the denial, or grant the petition and notify
			 petitioner that it has instituted rule-making proceedings on the subject of the
			 petition. Service of the written notice shall be sent to the e-mail address
			 provided by the petitioner unless the petitioner specifically requests a mailed
			 copy. Petitioner shall be deemed notified of the denial or granting of the
			 petition on the date when the board e-mails or delivers the required
			 notification to petitioner.
(3)
			 Denial of a petition because it does not substantially conform to the required
			 form does not preclude the filing of a new petition on the same subject that
			 seeks to eliminate the grounds for the board's rejection of the
			 petition.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 12 - Impaired Licensee Review Committees › Rule 193-12.1 - Impaired Licensee Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code section
				272C.3(1)
"k,"
all boards in the
				bureau may establish an impaired licensee review committee.
(1)
Definitions.
The
			 following definitions are applicable wherever such terminology is used in the
			 rules regarding the impaired licensee review committee.
"Committee "
means the impaired licensee
				review committee.
"Contract"
means the written document
				establishing the terms for participation in the impaired licensee program
				prepared by the committee.
"Impairment"
means an inability to practice
				with reasonable safety and skill as a result of alcohol or drug abuse,
				dependency, or addiction, or any neuropsychological or physical disorder or
				disability.
"Licensee "
means a person licensed under Iowa
				Code chapter 542, 542B, 543B, 543D, 544A, 544B, or 544C.
"Self-report"
means the licensee's providing
				written or oral notification to the board that the licensee has been or may be
				diagnosed as having an impairment prior to the board's receiving a complaint or
				report alleging the same from a second party.
(2)
Purpose.
The impaired
			 licensee review committee evaluates, assists, monitors, and, as necessary,
			 makes reports to the board on the recovery or rehabilitation of licensees who
			 self-report impairments or who are referred to the committee by the
			 board.
(3)
Composition of
			 the committee.
The chairperson of each board shall appoint the members
			 of the committee for that board. The membership of the committee includes, but
			 is not limited to:
a. One licensee, registered
			 under the applicable Iowa Code chapter regulated by the board;
b. One public member of the board;
c. One or more licensed professionals with
			 expertise in substance abuse/addiction treatment programs or other applicable
			 impairment.
The board may, alternatively, contract with an established
				impaired licensee review committee of another board, inside or outside the
				department of commerce, if deemed in the best interest of the licensee or the
				public.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 12 - Impaired Licensee Review Committees › Rule 193-12.1 - Impaired Licensee Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code section
				272C.3(1)
"k,"
all the professional licensing boards as defined
				in 191-Chapter 1 may establish an impaired licensee review committee.
(1)
Definitions.
The
			 following definitions are applicable wherever such terminology is used in the
			 rules regarding the impaired licensee review committee.
"Committee"
means the impaired licensee review
				committee.
"Contract"
means the written document
				establishing the terms for participation in the impaired licensee program
				prepared by the committee.
"Impairment"
means an inability to practice
				with reasonable safety and skill as a result of alcohol or drug abuse,
				dependency, or addiction or any neuropsychological or physical disorder or
				disability.
"Licensee"
means a person licensed under Iowa
				Code chapter 542, 542B, 543B, 543D, 544A, 544B, or 544C.
"Self-report"
means the licensee's providing
				written or oral notification to the board that the licensee has been or may be
				diagnosed as having an impairment prior to the board's receiving a complaint or
				report alleging the same from a second party.
(2)
Purpose.
The impaired
			 licensee review committee evaluates, assists, monitors, and, as necessary,
			 makes reports to the board on the recovery or rehabilitation of licensees who
			 self-report impairments or who are referred to the committee by the
			 board.
(3)
Composition of
			 the committee.
The chairperson of each board will appoint the members
			 of the committee for that board. The membership of the committee includes, but
			 is not limited to:
a. One licensee, registered
			 under the applicable Iowa Code chapter regulated by the board;
b. One public member of the board;
c. One or more licensed professionals with
			 expertise in substance abuse/addiction treatment programs or other applicable
			 impairment.
The board may, alternatively, contract with an established
				impaired licensee review committee of another board, inside or outside the
				department of inspections, appeals, and licensing, if deemed in the best
				interest of the licensee or the public.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
in these rules means each board
				within the Iowa professional licensing and regulation bureau.
"Confidential record"
in these rules means a
				record which is not available as a matter of right for examination and copying
				by members of the public under applicable provisions of law. Confidential
				records include records or information contained in records that the agency is
				prohibited by law from making available for examination by members of the
				public, and records or information contained in records that are specified as
				confidential by Iowa Code section
				22.7, or other
				provision of law, but that may be disclosed upon order of a court, the lawful
				custodian of the record, or by another person duly authorized to release the
				record. Mere inclusion in a record of information declared confidential by an
				applicable provision of law does not necessarily make that entire record a
				confidential record.
"Custodian "
in these rules means each board
				within the Iowa professional licensing and regulation bureau.
"Personally identifiable information "
in
				these rules means information about or pertaining to an individual in a record
				which identifies the individual and which is contained in a record
				system.
"Record"
in these rules means the whole or a
				part of a "public record," as defined in Iowa Code section
				22.1, that is owned
				by or in the physical possession of this agency.
"Record system "
in these rules means any
				group of records under the control of the agency from which a record may be
				retrieved by a personal identifier such as the name of an individual, number,
				symbol, or other unique retriever assigned to an individual.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound agency determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. This agency is committed to the policies
				set forth in Iowa Code chapter 22; agency staff shall cooperate with members of
				the public in implementing the provisions of that chapter
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.4 - Access to Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
Under Iowa Code section
				22.7 or other
				applicable provisions of law, the lawful custodian may disclose certain
				confidential records to one or more members of the public. Other provisions of
				law authorize or require the custodian to release specified confidential
				records under certain circumstances or to particular persons. In requesting the
				custodian to permit the examination and copying of such a confidential record,
				the following procedures apply and are in addition to those specified for
				requests for access to records in rule 193-13.3(17A,22).
(1)
Proof of identity.
A
			 person requesting access to a confidential record may be required to provide
			 proof of identity or authority to secure access to the record.
(2)
Requests.
The custodian
			 may require a request to examine and copy a confidential record to be in
			 writing. A person requesting access to such a record may be required to sign a
			 certified statement or affidavit enumerating the specific reasons justifying
			 access to the confidential record and to provide any proof necessary to
			 establish relevant facts.
(3)
Notice to subject of record and opportunity to obtain
			 injunction.
After the custodian receives a request for access to a
			 confidential record, and before the custodian releases such a record, the
			 custodian may make reasonable efforts to notify promptly any person who is a
			 subject of that record, is identified in that record, and whose address, e-mail
			 address, or telephone number is contained in that record. To the extent such a
			 delay is practicable and in the public interest, the custodian may give the
			 subject of such a confidential record to whom notification is transmitted a
			 reasonable opportunity to seek an injunction under Iowa Code section
			 22.8,
			 and indicate to the subject of the record the specific period of time during
			 which disclosure will be delayed for that purpose.
(4)
Request denied.
When the
			 custodian denies a request for access to a confidential record, the custodian
			 shall promptly notify the requester. If the requester indicates to the
			 custodian that a written notification of the denial is desired, the custodian
			 shall promptly provide such a notification that is signed by the custodian and
			 that includes:
a. The name and title or
			 position of the custodian responsible for the denial; and
b. A citation to the provision of law vesting
			 authority in the custodian to deny disclosure of the record and a brief
			 statement of the reasons for the denial to this requester.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is a subject of such a record to alter the original copy
				of that record or to expand the official record of any agency proceeding. The
				requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the board at 200 East Grand
				Avenue, Suite 350, Des Moines, Iowa 50309. The request to review such a record
				or the written statement of such a record of additions, dissents, or objections
				must be dated and signed by the requester, and shall include the current
				address and telephone number of the requester or the requester's
				representative.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.7 - Consent to Disclosure by the Subject of a Confidential Record

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent permitted by any applicable provision of law, a
				person who is the subject of a confidential record may have a copy of the
				portion of that record concerning the subject disclosed to a third party. A
				request for such a disclosure must be in writing and must identify the
				particular record or records that may be disclosed, and the particular person
				or class of persons to whom the record may be disclosed and, where applicable,
				the time period during which the record may be disclosed. The person who is the
				subject of the record and, where applicable, the person to whom the record is
				to be disclosed, may be required to provide proof of identity. Additional
				requirements may be necessary for special classes of records. Appearance of
				counsel before the agency on behalf of a person who is the subject of a
				confidential record is deemed to constitute consent for the agency to disclose
				records about that person to the person's attorney.
This rule does not allow the subject of a record which is
				confidential under Iowa Code section
				272C.6(4)
				 to consent to its release.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.8 - 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 may occur without the consent of the subject. Following
			 are instances where disclosure, if lawful, will generally occur without notice
			 to the subject:
a. For a routine use as
			 defined in rule 193-13.9 (17A,22) or in the
			 notice for a particular record system.
b. To a recipient who has provided the agency
			 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. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if an authorized representative of such
			 government agency or instrumentality has submitted a written request to the
			 agency specifying the record desired and the law enforcement activity for which
			 the record is sought.
d. To an
			 individual pursuant to a showing of compelling circumstances affecting the
			 health or safety of any individual if a notice of the disclosure is transmitted
			 to the last-known address of the subject.
e. To the legislative services
			 agency.
f. Disclosures in the
			 course of employee disciplinary proceedings.
g. In response to a court order or
			 subpoena.
h. To other licensing
			 authorities inside and outside Iowa as described in Iowa Code section
			 272C.6(4).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
"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. To
				the extent allowed by law, the following uses are considered routine uses of
				all board records:
(1) 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.
(2) 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
(3) Disclosure to the department of
			 inspections and appeals for matters in which it is performing services or
			 functions on behalf of the board.
(4) Transfers of information within the
			 agency, to other state agencies, or to local units of government as appropriate
			 to administer the program for which the information is collected.
(5) Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
(6) Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
(7) Disclosure to the public and news media
			 of pleadings, motions, orders, final decisions, and informal settlement filed
			 in licensee disciplinary proceedings.
(8) Transmittal to the district court of the
			 record in a disciplinary hearing, pursuant to Iowa Code section
			 17A.19(6),
			 regardless of whether the hearing was open or closed.
(9) Name and address of licensees, date of
			 licensure, type of license, status of licensure and related information are
			 routinely disclosed to the public upon request.
(10) Name and license numbers of licensees
			 are routinely disclosed to the public upon request.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.10 - 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
			 193-13.7
			 (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 a 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 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.11 - 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. However, the agency need not release the following
			 records to the subject:
a. The identity of a
			 person providing information to the agency need not be disclosed directly or
			 indirectly to the subject of the information when the information is authorized
			 to be held confidential pursuant to Iowa Code section
			 22.7(18)
			  or other provision of law.
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. (Iowa Code section
			 22.7(5)
			)
d. All information in licensee
			 complaint and investigation files maintained by the board for purposes of
			 licensee discipline are required to be withheld from the subject prior to the
			 filing of formal charges and the notice of hearing in a licensee disciplinary
			 proceeding, except those files the board can provide to the licensee before
			 charges are filed pursuant to rules adopted under Iowa Code section
			 546.10(9).
e. As otherwise authorized by law.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.13 - 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
				agency by personal identifier in record systems as defined in rule
				193-13.1(17A,22). For each record system, this rule describes the legal
				authority for the collection of that information. Records are stored on paper
				and in electronic form. The bureau's records retention schedule shall permit
				the destruction of paper records once the records are converted to an
				electronic format. Data regarding licensees is stored in a data processing
				system that permits the comparison of personally identifiable information in
				one record system with personally identifiable information in another system.
				Some information may also be placed on the board's Web site or in its
				newsletter or shared with others to display in databases, national registries,
				and similar systems. The record systems maintained by the agency are:
(1) Information in complaint and
			 investigation files maintained by the board for purposes of licensee
			 discipline. This information is required to be kept confidential pursuant to
			 Iowa Code section
			 272C.6(4).
			 However, it may be released to the licensee once a disciplinary proceeding is
			 commenced by the filing of formal charges and the notice of hearing. Only
			 charges and final orders are maintained electronically.
(2) Information on nonlicensee investigation
			 files maintained by the board. This information is a public record except to
			 the extent that certain information may be exempt from disclosure under Iowa
			 Code section
			 22.7(18)
			  or other provision of law.
(3) The following information regarding
			 licensee disciplinary proceedings:
a. Formal
			 charges and notices of hearing.
b.
			 Complete records of open disciplinary hearings. If a hearing is closed pursuant
			 to Iowa Code section
			 272C.6(1),
			 the record is confidential under Iowa Code section
			 21.5(4).
c. Final written decisions, including
			 informal stipulations and settlements.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 13 - Public Records and Fair Information Practices › Rule 193-13.16 - 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 a 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 regulations 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 regulations of the
			 agency.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means an examining board or commission
				within the professional licensing and regulation bureau.
"Issuing jurisdiction"
means any state,
				commonwealth, the District of Columbia, or other insular territory of the
				United States.
"License"
or
"licensure"
means any license, registration, certificate, or permit that may be granted by
				an examining board or commission within the professional licensing and
				regulation bureau.
"Military service"
means honorably serving on
				federal active duty, state active duty, or national guard duty, as defined in
				Iowa Code section 29A.1; in the military services
				of other states, as provided in
				10 U.S.C. Section
				101(c); or in the organized
				reserves of the United States, as provided in
				10 U.S.C. Section
				10101.
"Military service applicant"
means an
				individual requesting credit toward licensure for military education, training,
				or service obtained or completed in military service.
"Spouse"
means a spouse of an active duty
				member of the military forces of the United States.
"Veteran"
means an individual who meets the
				definition of "veteran" in Iowa Code section
				35.1(2).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Board"
means an examining board or commission
				as defined in 193-Chapter 1.
"Issuing jurisdiction"
means any state,
				commonwealth, or municipality; the District of Columbia; or other insular
				territory of the United States.
"License"
or
"licensure"
means any license, registration, certificate, or permit that may be granted by
				an examining board or commission as defined in 193-Chapter 1.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.2 - Licensure by Verification

Current through Register Vol. 47, No. 3, July 24, 2024
Licensure by verification is available in accordance with the
				following:
(1)
Eligibility.
A person may seek licensure by verification if
			 the person is licensed in at least one other jurisdiction that has a scope of
			 practice substantially similar to that of Iowa.
(2)
Board application.
The
			 applicant needs to submit the following:
a. A
			 completed application for licensure by verification.
b. Payment of the application fee.
c. Completed fingerprint cards and a signed
			 waiver form to facilitate a national criminal history background check, if
			 required for initial licensure by the board.
d. A verification form completed by the
			 licensing authority in the jurisdiction that issued the applicant's license,
			 verifying that the applicant's license in that jurisdiction complies with the
			 requirements of Iowa Code section
			 272C.12. The completed
			 verification form needs to be sent directly from the licensing authority to the
			 board.
e. A copy of the complete
			 criminal record, if the applicant has a criminal history.
f. A copy of relevant disciplinary documents,
			 if another jurisdiction has taken disciplinary action against the
			 applicant.
g. Copies of relevant
			 laws setting forth the scope of practice in the other state.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.3 - Applicants With Work Experience in Jurisdictions Without Licensure Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Work experience.
An applicant for initial licensure who has
			 relocated to Iowa from another jurisdiction that did not need a professional
			 license to practice in the profession may be considered to have met any
			 educational and training requirements if the person has at least three years of
			 work experience with a scope of practice substantially similar to that of the
			 profession for which a license in Iowa is sought. The three years of work
			 experience needs to be within the four years preceding the date of application
			 for initial licensure. The applicant will need to satisfy all other
			 requirements, including passing any required examinations, to receive a
			 license.
(2)
Required
			 documentation.
An applicant who wishes to substitute work experience
			 in lieu of satisfying applicable education or training requirements carries the
			 burden of providing all of the following by submitting relevant documents as
			 part of a completed license application:
a.
			 Proof of Iowa residency, which may include:
(1) Residential mortgage, lease, or rental
			 agreement;
(2) Utility
			 bill;
(3) Bank statement;
(4) Paycheck or pay stub;
(5) Property tax statement;
(6) A document issued by the federal or state
			 government; or
(7) Any other
			 board-approved document that reliably confirms Iowa residency.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.4 - Licensure by Verification

Current through Register Vol. 47, No. 3, July 24, 2024
Licensure by verification is available in accordance with the
				following:
(1)
Eligibility.
A person may seek licensure by verification if
			 the person is licensed in at least one other jurisdiction that has a scope of
			 practice substantially similar to that of Iowa.
(2)
Board application.
The
			 applicant must submit the following:
a. A
			 completed application for licensure by verification.
b. Payment of the application fee.
c. Completed fingerprint cards and a signed
			 waiver form to facilitate a national criminal history background check, if
			 required for initial licensure by the board.
d. A verification form completed by the
			 licensing authority in the jurisdiction that issued the applicant's license,
			 verifying that the applicant's license in that jurisdiction complies with the
			 requirements of Iowa Code section
			 272C.12. The completed
			 verification form must be sent directly from the licensing authority to the
			 board.
e. A copy of the complete
			 criminal record, if the applicant has a criminal history.
f. A copy of relevant disciplinary documents,
			 if another jurisdiction has taken disciplinary action against the
			 applicant.
g. Copies of relevant
			 laws setting forth the scope of practice in the other state.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 14 - Licensure by Verification or Work Experience › Rule 193-14.7 - Applicants With Work Experience in Jurisdictions Without Licensure Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Work experience.
An applicant for initial licensure who has
			 relocated to Iowa from another jurisdiction that did not require a professional
			 license to practice in the profession may be considered to have met any
			 educational and training requirements if the person has at least three years of
			 work experience with a scope of practice substantially similar to that of the
			 profession for which a license in Iowa is sought. The three years of work
			 experience must be within the four years preceding the date of application for
			 initial licensure. The applicant must satisfy all other requirements, including
			 passing any required examinations, to receive a license.
(2)
Required documentation.
An applicant who wishes to substitute work experience in lieu of satisfying
			 applicable education or training requirements shall carry the burden of
			 providing all of the following by submitting relevant documents as part of a
			 completed license application:
a. Proof of
			 Iowa residency, which may include:
(1)
			 Residential mortgage, lease, or rental agreement;
(2) Utility bill;
(3) Bank statement;
(4) Paycheck or pay stub;
(5) Property tax statement;
(6) A document issued by the federal or state
			 government; or
(7) Any other
			 board-approved document that reliably confirms Iowa residency.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 15 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 193-15.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules, the following definitions
				shall apply:
"Complete criminal record"
includes the
				complaint and judgment of conviction for each offense of which the applicant
				has been convicted, regardless of whether the offense is classified as a felony
				or a misdemeanor, and regardless of the jurisdiction in which the offense
				occurred.
"Conviction"
means a finding, plea, or verdict
				of guilt made or returned in a criminal proceeding, even if the adjudication of
				guilt is deferred, withheld, or not entered. "Conviction" includes Alford pleas
				and pleas of nolo contendere.
"Disqualifying offense"
means a conviction
				directly related to the duties and responsibilities of the profession. A
				conviction is directly related to the duties and responsibilities of the
				profession if either (1) the actions taken in furtherance of an offense are
				actions customarily performed within the scope of practice of a licensed
				profession, or (2) the circumstances under which an offense was committed are
				circumstances customary to a licensed profession.
"License"
means any license or registration
				issued by a board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 15 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 193-15.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of these rules, the following definitions
				apply:
"Complete criminal record"
includes the
				complaint and judgment of conviction for each offense of which the applicant
				has been convicted, regardless of whether the offense is classified as a felony
				or a misdemeanor, and regardless of the jurisdiction in which the offense
				occurred.
"Conviction"
means a finding, plea, or verdict
				of guilt made or returned in a criminal proceeding, even if the adjudication of
				guilt is deferred, withheld, or not entered. "Conviction" includes Alford pleas
				and pleas of nolo contendere.
"Disqualifying offense"
means a conviction
				directly related to the duties and responsibilities of the profession. A
				conviction is directly related to the duties and responsibilities of the
				profession if either (1) the actions taken in furtherance of an offense are
				actions customarily performed within the scope of practice of a licensed
				profession, or (2) the circumstances under which an offense was committed are
				circumstances customary to a licensed profession.
"License"
means any license or registration
				issued by a board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 15 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 193-15.2 - License Application

Current through Register Vol. 47, No. 3, July 24, 2024
Unless an applicant for licensure petitions the board for an
				eligibility determination pursuant to rule 193-15.3 (272C), the applicant's
				convictions will be reviewed when the board receives a completed license
				application.
(1) An applicant must
			 disclose all convictions on a license application. Failure to disclose all
			 convictions is grounds for license denial or disciplinary action following
			 license issuance.
(2) An applicant
			 with one or more convictions shall submit the complete criminal record for each
			 conviction and a personal statement regarding whether each conviction directly
			 relates to the practice of the profession in order for the license application
			 to be considered complete.
(3) An
			 applicant must submit as a part of the license application all evidence of
			 rehabilitation that the applicant wishes to be considered by the
			 board.
(4) The board may deny a
			 license if the applicant has a disqualifying offense unless the applicant
			 demonstrates by clear and convincing evidence that the applicant is
			 rehabilitated pursuant to Iowa Code section
			 272C.15.
(5) An applicant with one or more
			 disqualifying offenses who has been found rehabilitated must still satisfy all
			 other requirements for licensure.
(6) Any application fees paid will not be
			 refunded if the license is denied.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 15 - Use of Criminal Convictions in Eligibility Determinations and Initial Licensing Decisions › Rule 193-15.2 - License Application

Current through Register Vol. 47, No. 3, July 24, 2024
Unless an applicant for licensure petitions the board for an
				eligibility determination pursuant to rule
				193-15.3 (272C), the applicant's
				convictions will be reviewed when the board receives a completed license
				application.
(1) An applicant will
			 disclose all convictions on a license application. Failure to disclose all
			 convictions is grounds for license denial or disciplinary action following
			 license issuance.
(2) An applicant
			 with one or more convictions will submit the complete criminal record for each
			 conviction and a personal statement regarding whether each conviction directly
			 relates to the practice of the profession in order for the license application
			 to be considered complete.
(3) An
			 applicant will submit as a part of the license application all evidence of
			 rehabilitation that the applicant wishes to be considered by the
			 board.
(4) The board may deny a
			 license if the applicant has a disqualifying offense unless the applicant
			 demonstrates by clear and convincing evidence that the applicant is
			 rehabilitated pursuant to Iowa Code section
			 272C.15.
(5) An applicant with one or more
			 disqualifying offenses who has been found rehabilitated will need to still
			 satisfy all other requirements for licensure.
(6) Any application fees paid will not be
			 refunded if the license is denied.