reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.6 - Endorsed Certificate of Registration

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board may issue an endorsed
			 certificate of registration to an individual who satisfies the requirements set
			 forth in Iowa Code section
			 169.34 (2)  and
			 who satisfies the following:
a. Successfully
			 pass the VTSE as approved by the board;
b. Provide a statement indicating all jurisdictions in which the
			 applicant is or has ever been certified, licensed, permitted, or otherwise
			 credentialed to perform authorized medical services to an animal patient as a
			 veterinary technician, and consent to release to the board such information
			 from jurisdictions in which the applicant is or has ever been certified,
			 licensed, permitted, or otherwise credentialed;
c. Provide information or consent to the
			 release of information pertinent to the character and education of the
			 applicant as the board may deem necessary in order to evaluate the applicant's
			 qualifications; and
d. Submit
			 evidence of having completed at least 30 hours of approved continuing education
			 within the last three calendar years from the date of the application. New
			 graduates and applicants within one year after the date of graduation are
			 exempt from continuing education requirements for initial certification.
			 Applicants who apply more than one year but less than two years after the date
			 of graduation need to complete at least ten hours of approved continuing
			 education. Applicants who apply more than two years but less than three years
			 after the date of graduation need to complete at least 40 hours of approved
			 continuing education.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.7 - Supervision of Veterinary Auxiliary Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergencies.
Under
			 conditions of an emergency, veterinarian auxiliary personnel may render without
			 supervision such lifesaving aid and treatment under previously established
			 protocols or real time oral instruction via telephone or other means of
			 immediate communication with a veterinarian. Even under conditions of
			 emergency, a veterinary assistant or veterinary technician student may not
			 render additional lifesaving aid and treatment as follows: the administration
			 of emergency pharmaceuticals. Emergency aid and treatment, if rendered to an
			 animal not in the presence of a licensed veterinarian, may only be continued
			 under the supervision of a licensed veterinarian, which in the case of
			 emergency may include telephone or other means of immediate communication with
			 a veterinarian en route to the site, until the veterinarian arrives in a timely
			 manner.
(2)
Veterinary
			 assistants.
The following delegated tasks may be performed by a
			 veterinary assistant under the indicated level of supervision if the
			 supervising veterinarian has delegated the task.
a. Tasks that require direct supervision:
(1) Take patient's medical history.
(2) Take patient temperature, pulse, and
			 respiratory rate (TPR).
(3)
			 Oscillometric measurement of blood pressure.
(4) Record client/patient
			 complaint(s).
(5) Administer
			 subcutaneous (SQ) and intramuscular (IM) injections.
(6) Administer SQ fluid.
(7) Maintain intravenous (IV)
			 fluids.
(8) Implant
			 growth-promoting implants.
(9)
			 Manage a nasogastric (NG) tube, not including insertion or placement.
(10) Administer and monitor light/moderate
			 sedation.
(11) Apply
			 government-required identification.
(12) Administer internal and external
			 parasite treatments.
(13) Vaccinate
			 livestock.
(14) Vaccinate companion
			 animals (excluding canine rabies, pursuant to Iowa Code section
			 351.33).
(15) Radiograph and ultrasound imaging and
			 positioning.
(16) Ocular tonometry,
			 fluorescein stain, and Schirmer Tear Testing to monitor animal eye
			 health.
(17) Remove sutures,
			 staples, or drains.
(18)
			 Venipuncture for the purposes of IV injections and blood withdrawal for
			 sampling.
(19) IV catheter
			 placement.
(20) Draining and
			 lancing abscesses.
(21) Laser
			 therapy treatments.
(22) Take ear
			 swabs and skin impression (needleless) cytology samples.
(23) Conduct livestock necropsy for sample
			 collection purposes.
(24)
			 Administer medication(s) prescribed by a veterinarian other than medications
			 administered while boarding the animal.
(25) Rectal palpation for pregnancy testing
			 of a bovine.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.8 - Continuing Education

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 order to renew a certificate of registration, each credentialed veterinary
			 technician completes, triennially, at least 30 hours of continuing education in
			 courses approved by the board. The credentialed veterinary technician has the
			 responsibility for financing continuing education. These credit hours may be
			 obtained by attending approved scientific seminars and meetings on the basis of
			 one credit hour for each hour of attendance. Attendance at any board-approved
			 national, state or regional meeting will be acceptable. Credit for qualified
			 graduate college courses may be approved on the basis of multiplying each
			 college credit hour by 10, to a maximum of 15 hours during any one triennial. A
			 maximum of 15 hours during any one triennial may be achieved by the completion
			 of approved distance education courses. A maximum of ten hours of continuing
			 education during any one triennial license period may be achieved by completion
			 of approved practice management courses.
(2) Each credentialed veterinary technician
			 obtains the 30 credit hours between January 1 of the first year of the
			 triennium and December 31 of third year of the triennium. Continuing education
			 credits in excess of 30 hours for the triennium may be carried over to the next
			 triennial period, but the total number of credits carried over cannot exceed 10
			 hours.
If a recent graduate is credentialed during the first year of
				the triennium, the person will complete 20 hours of continuing education for
				the first certificate of registration renewal. If a recent graduate is
				credentialed during the second year of the triennium, the person will complete
				ten hours of continuing education for the first certificate of registration
				renewal. If a recent graduate is credentialed during the third year of the
				triennium, the person is exempt from meeting continuing education requirements
				for the first certificate of registration renewal. For the purpose of this
				rule, "recent graduate" means a person who has graduated from an accredited or
				approved veterinary technology program no more than three years prior to
				application for certification of registration.
(3) Completion of the continuing education
			 will be reported to the secretary of the board of veterinary medicine on forms
			 provided by the board by December 31 of the third year of the
			 triennium.
(4) Upon request, the
			 board may waive continuing education requirements for qualifying military
			 service personnel or spouse as defined in 811-Chapter 15.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.9 - Certification by Endorsement

Current through Register Vol. 47, No. 3, July 24, 2024
On a case-by-case basis, the board may issue certification by
				endorsement and without examination to applicants who hold certification or
				licensure as veterinary technicians in another jurisdiction.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.10 - Continuing Education

Current through Register Vol. 47, No. 3, July 24, 2024
(1) At least 30 hours of continuing education
			 in courses approved by the board of veterinary medicine shall be completed
			 triennially by each registered veterinary technician. The registrant has the
			 responsibility for financing continuing education. These credit hours may be
			 obtained by attending approved scientific seminars and meetings on the basis of
			 one credit hour for each hour of attendance. Attendance at any board-approved
			 national, state or regional meeting will be acceptable. Credit for qualified
			 graduate college courses may be approved on the basis of multiplying each
			 college credit hour by 10, to a maximum of 15 hours during any one triennial. A
			 maximum of 10 hours during any one triennial may be achieved by the completion
			 of approved home study courses.
(2)
			 Each registrant shall obtain the 30 credit hours between the registrant's
			 certificate anniversary date and the last day of the following three-year
			 period. However, a registrant who graduated from an accredited college of
			 veterinary technology within three years of the issuance of an Iowa certificate
			 is required to obtain only 20 credit hours for the first triennial. Continuing
			 education credits in excess of 30 hours for any three-year period may be
			 carried over to the next triennial period, but the total number of credits
			 carried over shall not exceed 10 hours.
(3) Completion of the continuing education
			 will be reported to the secretary of the board of veterinary medicine on forms
			 provided by the board by December 31 of the triennial anniversary year. The
			 reporting form must be signed by the registrant and accompanied by an
			 administration fee of $15.
(4)
			 Compliance with this rule and subrule 8.6(7) is waived until January 1, 1993.
			 Registrants whose certificate triennial anniversary dates fall in the year 1993
			 shall complete and report 10 credit hours. Registrants whose certificate
			 triennial anniversary dates fall in the year 1994 shall complete and report 20
			 credit hours. All registrants whose certificate triennial anniversary dates
			 fall in the year 1995 and subsequent years shall complete and report the full
			 30 credit hours.
(5) The board may
			 waive continuing education requirements for qualifying military service
			 personnel upon request.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.11 - Registration as Veterinary Technician by Verification

Current through Register Vol. 47, No. 3, July 24, 2024
Registration by verification for a veterinary technician is
				available in accordance with the following:
(1)
Eligibility.
A person
			 may seek registration by verification if the person is registered or licensed
			 in at least one other jurisdiction.
(2)
Board application.
The
			 applicant must submit the following:
a. A
			 completed application for registration by verification.
b. Payment of the application fee.
c. A verification form, completed by the
			 licensing/registration authority in the jurisdiction that issued the
			 applicant's license or registration, verifying that the applicant's license or
			 registration in that jurisdiction complies with the requirements of Iowa Code
			 section 272C.12. The completed
			 verification form must be sent directly from the licensing/registration
			 authority to the board. This form is available on the board's
			 website.
d. Proof of passing Iowa's
			 veterinary technician state examination.
e. A copy of the relevant disciplinary
			 documents if another jurisdiction has taken disciplinary action against the
			 applicant.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 8 - Auxiliary Personnel › Rule 811-8.12 - 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 registration who has
			 relocated to Iowa from another jurisdiction that did not require a professional
			 license/registration 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 registration in Iowa is sought. The three years of
			 work experience must be within the four years preceding the date of application
			 for initial registration. The applicant must satisfy all other requirements,
			 including passing any required examinations, to receive a license.
(2)
Board application.
The
			 applicant must submit the following:
a. A
			 completed application for registration through work experience.
b. Payment of the application fee.
c. Proof of passing both the veterinary
			 technician national examination and Iowa's veterinary technician state
			 examination.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 9 - Temporary Veterinary Permits › Rule 811-9.1 - Eligibility for a Temporary Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Temporary educational
			 permit.
For the purpose of this subrule, "qualified applicant" means a
			 person who is undertaking internship or residency training at Iowa State
			 University College of Veterinary Medicine. A temporary educational permit may
			 be issued upon application to a qualified applicant who does not also seek an
			 Iowa veterinary license. A temporary educational permit allows the permit
			 holder to act as a licensed veterinarian, including for privately owned
			 animals, but only within the scope of the permit holder's internship or
			 residency program at Iowa State University College of Veterinary Medicine.
			 Verification of internship or residency consists of an endorsement signed by
			 the dean of the school and submitted directly to the board by the school. A
			 temporary educational permit expires upon termination of the permit holder's
			 internship or residency program, as reported by the dean of the school of
			 veterinary medicine. An initial temporary educational permit may be issued by
			 the board for a term of up to two years. An initial temporary educational
			 permit may be renewed by the board for a term of up to one year. No more than
			 two renewals will be granted to the same person.
(2)
Temporary in-state practice
			 permit.
a. A temporary in-state
			 practice permit may be issued upon application to a qualified applicant who
			 does not also seek an Iowa license. For the purpose of this subrule, "qualified
			 applicant" means a person who:
(1) Has
			 graduated from an AVMA-accredited or AVMA-listed school of veterinary medicine
			 or has received an ECFVG or PAVE certificate.
(2) Is licensed in good standing in another
			 jurisdiction.
(3) Has, in the case
			 of an applicant with a non-Iowa license seeking licensure under Iowa Code
			 section 169.10(1):
1. Successfully completed the National Board
			 Examination (NBE) if the applicant's non-Iowa license was issued between
			 December 31, 1964, and December 31, 1979.
2. Successfully completed the NBE and the
			 Clinical Competency Test (CCT) if the applicant's non-Iowa license was issued
			 between January 1, 1980, and December 31, 2000.
3. Successfully completed the NAVLE in
			 accordance with rule 811-7.1 (169) if the applicant's
			 non-Iowa license was issued on or after January 1,
			 2001.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 9 - Temporary Veterinary Permits › Rule 811-9.2 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 application for a temporary permit is to be made on a form provided by the
			 board. The application will state whether the applicant is applying for a
			 temporary educational permit or a temporary in-state practice permit. The
			 applicant will provide a statement indicating all jurisdictions in which the
			 applicant is or has ever been licensed to practice veterinary medicine and
			 consent to the release of information to the board from jurisdictions in which
			 the applicant is or has ever been licensed.
(2) The board may require from an applicant
			 or obtain from other sources such other information pertinent to character and
			 education of the applicant as it may deem necessary in order to pass upon the
			 applicant's qualifications.
(3) In
			 the case of an applicant under subrule 9.1(2), the applicant will provide
			 evidence of approved continuing education totaling at least 60 hours obtained
			 in the previous three years.
(4)
			 The temporary permit fee and the application fee will accompany the
			 application.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 9 - Temporary Veterinary Permits › Rule 811-9.3 - Practice Without Benefit of Temporary Permit or Iowa License

Current through Register Vol. 47, No. 3, July 24, 2024
An applicant for a temporary permit or an Iowa license cannot
				engage in the practice of veterinary medicine unless and until a temporary
				permit or Iowa license is granted by the board. Prior to the issuance of the
				temporary permit or Iowa license, an applicant who is otherwise qualified under
				rule 811-9.1 (169) may perform within
				the same scope of authority as a licensed veterinary technician as provided in
				811-Chapter 8.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 9 - Temporary Veterinary Permits › Rule 811-9.4 - Grounds for Discipline and Disciplinary Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
A disciplinary action against a permit holder, including
				grounds for disciplinary action, is governed by 811-Chapter 10. In addition to
				the applicable grounds set forth in 811-Chapter 10, an applicant for a
				temporary permit or an Iowa license who engages in the practice of veterinary
				medicine prior to the issuance of the temporary permit or Iowa license is
				subject to denial or revocation of the temporary permit, denial or revocation
				of the Iowa license, and referral for civil or criminal prosecution, at the
				board's discretion.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 9 - Temporary Veterinary Permits › Rule 811-9.5 - Grounds for Discipline and Disciplinary Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
A disciplinary action against a permit holder, including
				grounds for disciplinary action, is governed by 811-Chapter 10. In addition to
				the applicable grounds set forth in 811-Chapter 10, an applicant for a
				temporary permit or an Iowa license who engages in the practice of veterinary
				medicine prior to the issuance of the temporary permit or Iowa license is
				subject to denial or revocation of the temporary permit, denial or revocation
				of the Iowa license, and referral for civil or criminal prosecution, at the
				board's discretion.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.2 - Complaints and Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Complaints are allegations of wrongful acts or omissions relating to the
			 ethical or professional conduct of a credential holder.
(2) The executive secretary or authorized
			 designee investigates complaints in order to determine the probability that a
			 violation of law or rule has occurred.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.3 - Investigatory Subpoena Powers

Current through Register Vol. 47, No. 3, July 24, 2024
The board has the authority to issue an investigatory subpoena
				in accordance with the provisions of Iowa Code section
				17A.13.
(1) A subpoena which requires production of
			 real evidence that is necessary to an investigation may be issued upon the
			 authority of the executive secretary or a designee.
(2) Any person who is aggrieved or adversely
			 affected by compliance with the subpoena and who desires to challenge the
			 subpoena has 14 days after the service of the subpoena, or before the time
			 specified for compliance if such time is less than 14 days, to file with the
			 board a motion to quash or modify the subpoena. The motion will describe legal
			 reasons why the subpoena should be quashed or modified and may be accompanied
			 by legal briefs or factual affidavits.
(3) Iowa Code section
			 272C.6(3)
"a"
(3) contains information regarding what happens in the
			 event obedience to a subpoena is refused.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.4 - Board Action

Current through Register Vol. 47, No. 3, July 24, 2024
The board will review investigative conclusions and take one of
				the following actions:
1. Close the
			 investigative case without action.
2. Request further inquiry.
3. Appoint a peer review committee to assist
			 with the investigation.
4.
			 Determine the existence of sufficient probable cause and order a disciplinary
			 hearing to be held in compliance with Iowa Code section
			 272C.6.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.5 - Peer Review Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The board may establish a peer review committee to assist with
				the investigative process when deemed necessary.
(1) The committee will determine if the
			 conduct of the credential holder conforms to minimum standards of acceptable
			 and prevailing practice of veterinary medicine or other applicable standards
			 and submit a report of its findings to the board.
(2) The board will review the committee's
			 findings and proceed with action available under rule
			 811-10.4
			 (17A,169,272C).
(3) The
			 confidentiality requirements imposed by Iowa Code section
			 272C.6 apply to the peer review
			 committee.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.8 - Panel of Specialists

Current through Register Vol. 47, No. 3, July 24, 2024
The board may appoint a panel of veterinarians who are
				specialists to ascertain the facts of a case pursuant to Iowa Code section
				272C.6(2). The board chairperson or designee appoints the presiding
				officer.
(1) The executive secretary
			 sets the date, time, and location of the hearing and makes proper notification
			 to all parties.
(2) The panel of
			 specialists shall:
a. Enter into the record
			 the names of the presiding officer, members of the panel, the parties and their
			 representatives.
b. Enter into the
			 record the notice and evidence of service, order for hearing, statement of
			 charges, answer, if available, and any other pleadings, motions or
			 orders.
c. Receive opening
			 statements from the parties.
d.
			 Receive evidence, in accordance with Iowa Code section
			 17A.14, on behalf of the state
			 of Iowa and on behalf of the credential holder.
e. Question the witnesses.
f. Receive closing statements from the
			 parties.
g. Determine the findings
			 of fact by a majority vote and make a written report of its findings to the
			 board within a reasonable period.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.9 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the provisions of Iowa Code sections
				17A.12 and 272C.3, the board may
				consider resolution of disciplinary matters through informal settlement prior
				to commencement of contested case proceedings. The secretary or designee may
				negotiate with the credential holder regarding a proposed disposition of the
				controversy. Upon consent of both parties, the board will review the proposal
				for action.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.11 - Application for Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
A person whose credential has been suspended, revoked, or
				voluntarily surrendered may apply to the board for reinstatement in accordance
				with the terms and conditions of the order.
(1) If the credential was voluntarily
			 surrendered, or if the order for suspension or revocation did not establish
			 terms and conditions for reinstatement, an initial application cannot be made
			 until one year has elapsed from the date of the order.
(2) The application alleges facts and
			 circumstances which will enable the board to determine that the basis for the
			 sanction or voluntary surrender no longer exists and that it is in the public
			 interest to reinstate the credential. The burden of proof to establish these
			 facts rests with the petitioner.
(3) The hearing in an application for
			 reinstatement is a contested case within the meaning of Iowa Code section
			 17A.12.
(4) The order to grant or deny reinstatement
			 incorporates findings of fact and conclusions of law. If reinstatement is
			 granted, terms and conditions for reinstating the credential may be
			 imposed.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.14 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5).
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means, unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means the chairperson of
				the board or designee.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the board did not preside.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.15 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Time shall be computed as provided in Iowa Code subsection
			 4.1(34).
(2) For good cause, the presiding officer may
			 extend or shorten the time to take any action, except as precluded by statute.
			 Except for good cause stated in the record, before extending or shortening the
			 time to take any action, the presiding officer shall afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.16 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall issue an order, notice of hearing, and
				statement of charges following its determination of probable cause pursuant to
				Iowa Code section
				17A.12(2).
				Delivery of the notice of hearing constitutes the commencement of the contested
				case proceeding.
(1) The date, time,
			 and location of the hearing shall be set by the board. The credential holder
			 shall be notified at least 30 days prior to the scheduled hearing.
(2) Notification shall be in writing
			 delivered either by personal service as in civil actions or by certified mail
			 with return receipt requested. When the credential holder cannot be located:
a. An affidavit shall be prepared outlining
			 the measures taken to attempt service, and shall become a part of the record
			 when a notice cannot be delivered by personal service or certified mail, return
			 receipt requested.
b. Notice of
			 hearing shall be published once each week for three consecutive weeks in a
			 newspaper of general circulation, published or circulated in the county of
			 last-known residence of the credential holder The newspaper will be selected by
			 the secretary or designee. The first notice of hearing shall be published at
			 least 30 days prior to the scheduled hearing.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.17 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary hearings shall be conducted by the board pursuant
				to Iowa Code section
				272C.6.
				The chairperson of the board shall designate the presiding officer in
				accordance with the provisions of Iowa Code section
				17A.11.
(1) For nondisciplinary proceedings, any
			 party who wishes to request that the presiding officer assigned to render a
			 proposed decision be an administrative law judge employed by the department of
			 inspections and appeals must file a written request within 20 days after
			 service of a notice of hearing.
(2)
			 The executive secretary may deny the request upon a finding that one or more of
			 the following apply:
a. Neither the agency nor
			 any officer of the agency under whose authority the contested case is to take
			 place is a named party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
d. The demeanor
			 of the witness is likely to be dispositive in resolving the disputed factual
			 issues.
e. Funds are unavailable to
			 pay the costs of an administrative law judge and an interagency
			 appeal.
f. The request was not
			 timely filed.
g. The request is not
			 consistent with a specified statute.
h. The request would not conform to the
			 disciplinary hearing provision of Iowa Code section
			 272C.6.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.18 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the agency in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.19 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties. The presiding officer will determine the location of the parties and
				witnesses for telephone hearings. The convenience of the witnesses or parties,
				as well as the nature of the case, will be considered when location is
				chosen.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.20 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 A presiding officer or other person shall withdraw from participation in the
			 making of any proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party
			 to the case, or an officer, secretary or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.21 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The
			 presiding officer may consolidate any or all matters at issue in two or more
			 contested case proceedings where:
(a) the
			 matters at issue involve common parties or common questions of fact or law;
(b) consolidation would expedite
			 and simplify consideration of the issues involved; and
(c) consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.22 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Pleadings may be required by rule, by notice of hearing, or by order of the
			 presiding officer.
(2) Petition.
a. Any petition required in a contested case
			 proceeding shall be filed within 20 days of delivery or the notice of hearing
			 or subsequent order of the presiding officer, unless otherwise
			 ordered.
b. A petition shall state
			 in separately numbered paragraphs the following:
(1) The persons or entities on whose behalf
			 the petition is filed;
(2) The
			 particular provision of statutes and rules involved;
(3) The relief demanded and the facts and
			 laws relied upon for such relief; and
(4) The name, address and telephone number of
			 the petitioner and the petitioner's attorney.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.23 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
			 service required.
Except where otherwise provided by law, every
			 pleading, motion, document, or other paper filed in a contested case proceeding
			 and every paper relating to discovery in such a proceeding shall be served upon
			 each of the parties of record to the proceeding, including the person
			 designated as advocate or prosecutor for the state or the agency. Except for
			 the original notice of hearing and an application for rehearing as provided in
			 Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivery or by mailing a copy to the person's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule, or order
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers in a contested case proceeding shall be filed with
			 the board.
(4)
Filing
-
when made.
Except where otherwise
			 provided by law, a document is deemed filed at the time it is delivered to the
			 board office, delivered to an established courier service for immediate
			 delivery to that office, or mailed by first-class mail or state interoffice
			 mail to that office, so long as there is proof of mailing.
(5)
Proof of mailing.
Proof
			 of mailing includes either: a legible United States Postal Service postmark on
			 the envelope, a certificate of service, a notarized affidavit, or a
			 certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws of
				Iowa that, on (date of mailing), I mailed copies of (describe document)
				addressed to the (agency office and address) and to the names and addresses of
				the parties listed below by depositing the same in the United States mail or
				state interoffice mail.
(Date)
(Signature)
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.24 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Discovery procedures applicable in civil actions are applicable in contested
			 cases. Unless lengthened or shortened by these rules or by order of the
			 presiding officer, time periods for compliance with discovery shall be as
			 provided in the Iowa Rules of Civil Procedure.
(2) Any motion relating to discovery shall
			 allege that the moving party has previously made a good-faith attempt to
			 resolve the discovery issues involved with the opposing party. Motions in
			 regard to discovery shall be ruled upon by the presiding officer. Opposing
			 parties shall be afforded the opportimity to respond within ten days of the
			 filing of the motion unless the time is shortened as provided in subrule
			 10.24(1). The presiding officer may rule on the basis of the written motion and
			 any response, or may order argument on the motion.
(3) Evidence obtained in discovery may be
			 used in the contested case proceeding if that evidence would otherwise be
			 admissible in that proceeding.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.25 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. An agency
			 subpoena shall be issued to a party on request. Such a request must be in
			 writing. In the absence of good cause for permitting later action, a request
			 for a subpoena must be received at least three days before the scheduled
			 hearing. The request shall include the name, address, and telephone number of
			 the requesting party.
b. Except to
			 the extent otherwise provided by law, parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.26 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No technical
			 form for motions is required. However, prehearing motions must be in writing,
			 state the grounds for relief, and state the relief sought.
(2) Any party may file a written response to
			 a motion within ten days after the motion is served, unless the time period is
			 extended or shortened by rules of the agency or the presiding officer The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion.
(4) Motions pertaining to the hearing must be
			 filed and served at least ten days prior to the date of hearing unless there is
			 good cause for permitting later action or the time for such action is
			 lengthened or shortened by rule of the agency or an order of the presiding
			 officer.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.27 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any party may request a prehearing
			 conference. A written request for prehearing conference or an order for
			 prehearing conference on the presiding officer's own motion shall be filed not
			 less than seven days prior to the hearing date. A prehearing conference shall
			 be scheduled not less than three business days prior to the hearing date.
Written notice of the prehearing conference shall be given by
				the board office to all parties. For good cause the presiding officer may
				permit variances from this rule.
(2) Each party shall bring to the prehearing
			 conference:
a. A final list of witnesses the
			 party anticipates will testify at hearing. Witnesses not listed may be excluded
			 from testifying unless there was good cause for the failure to include their
			 names; and
b. A final list of
			 exhibits which the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include
			 them.
c. Witness or exhibit lists
			 may be amended subsequent to the prehearing conference within the time limits
			 established by the presiding officer at the prehearing conference. Any such
			 amendments must be served on all parties.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.28 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
The executive secretary shall have the authority to grant a
				continuance after consultation, if needed, with the chairperson of the
				board.
A request for continuance of a contested case matter must be
				submitted in writing to the board not later than seven days prior to the
				scheduled date of the hearing. Exceptions shall be granted at the discretion of
				the executive secretary only in situations involving extenuating,
				extraordinary, or emergency circumstances.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.29 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The presiding officer presides at the hearing, and may rule on motions, require
			 briefs, issue a decision, and issue such orders and rulings as will ensure the
			 orderly conduct of the proceedings.
(2) All objections shall be timely made and
			 stated on the record.
(3) Parties
			 have the right to participate or be represented in all hearings or prehearing
			 conferences related to their case. Any party may be represented by an attorney
			 or another person authorized by law.
(4) Subject to terms and conditions
			 prescribed by the presiding officer, parties have the right to introduce
			 evidence on issues of material fact, cross-examine witnesses present at the
			 hearing as necessary for a full and true disclosure of the facts, present
			 evidence in rebuttal, and submit briefs and engage in oral argument.
(5) The presiding officer shall maintain the
			 decorum of the hearing and may refuse to admit or may expel anyone whose
			 conduct is disorderly.
(6)
			 Witnesses may be sequestered during the hearing.
(7) The presiding officer shall conduct the
			 hearing in the following manner:
a. The
			 presiding officer shall give an opening statement briefly describing the nature
			 of the proceedings;
b. The parties
			 shall be given an opportunity to present opening statements;
c. Parties shall present their cases in the
			 sequence determined by the presiding officer;
d. Each witness shall be sworn or affirmed by
			 the presiding officer or the court reporter, and be subject to examination and
			 cross-examination. The presiding officer may limit questioning in a manner
			 consistent with law;
e. When all
			 parties and witnesses have been heard, parties may be given the opportunity to
			 present final arguments.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.30 - 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 those issues 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 should normally be
			 provided to opposing parties.
(5)
			 Any party may object to specific evidence or may request limits on scope of any
			 examination or cross-examination. Such an objection 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 order of proof and inserted in the
			 record.
Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.31 - Default

Current through Register Vol. 47, No. 3, July 24, 2024
(1) If a party
			 fails to appear or participate in a contested case proceeding after proper
			 service of notice, the presiding officer may, if no adjournment is granted,
			 enter a default decision or proceed with the hearing and render a decision in
			 the absence of the party.
(2) Where
			 appropriate and not contrary to law, any party may move for default against a
			 party who has requested the contested case proceeding and has failed to file a
			 required pleading or has failed to appear after proper service.
(3) Default decisions or decisions rendered
			 on the merits after a party has failed to appear or participate in a contested
			 case proceeding become final agency action imless, within 15 days after the
			 date of notification or mailing of the decision, a motion to vacate is filed
			 and served on all parties or an appeal of a decision on the merits is timely
			 initiated within the time provided by rule 10.36(17A). A motion to vacate must
			 state all facts relied upon by the moving party which establish that good cause
			 existed for that party's failure to appear or participate at the contested case
			 proceeding. Each fact so stated must be substantiated by at least one sworn
			 affidavit of a person with personal knowledge of each such fact attached to the
			 motion.
(4) The time for further
			 appeal of a decision for which a timely motion to vacate has been filed is
			 stayed pending a decision on the motion to vacate.
(5) Properly substantiated and timely filed
			 motions to vacate shall be granted only for good cause shown. The burden of
			 proof as to good cause is on the moving party. Adverse parties shall have ten
			 days to respond to a motion to vacate. Adverse parties shall be allowed to
			 conduct discovery as to the issue of good cause and to present evidence on the
			 issue prior to a decision on the motion, if a request to do so is included in
			 that party's response.
(6) "Good
			 cause" for purposes of this rule shall have the same meaning as "good cause"
			 for setting aside a default judgment under Iowa Rule of Civil Procedure
			 236.
(7) A decision denying a
			 motion to vacate is subject to further appeal within the time limit allowed for
			 further appeal of a decision on the merits in the contested case proceeding. A
			 decision granting a motion to vacate is subject to interlocutory appeal by the
			 adverse party pursuant to rule 10.34(17A).