reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.7 - Responsibilities of the Administrator

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To make rules pursuant to Iowa Code
			 chapter 17A to implement bureau duties except to the extent that rule-making
			 authority is vested in the boards in the bureau.
(2) To carry out policy-making and
			 enforcement duties assigned to the bureau under the law.
(3) To hire, allocate, develop, and supervise
			 members of the staff employed to perform the duties assigned to the bureau and
			 the boards in the bureau, including hiring a bureau chief to perform such
			 administrative duties as may be assigned by the administrator and designating
			 staff to act as the executive officer, who may be referred to as the board
			 administrator, for and lawful custodian of the records of each board in the
			 bureau.
(4) To coordinate the
			 development of an annual budget for the bureau and the boards in the
			 bureau.
(5) To supervise and direct
			 personnel and other resources to accomplish duties assigned to the bureau by
			 law.
(6) To authorize expenditures
			 from any appropriation or fund established on behalf of the bureau.
(7) Except to the extent that decision-making
			 authority is vested in the boards in the bureau or other body, decisions of the
			 administrator are final agency actions pursuant to Iowa Code chapter
			 17A.
(8) Except to the extent
			 otherwise vested in the boards in the bureau, the administrator has the
			 authority to establish fees assessed to the regulated industry.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.7 - Custodian of Records, Filings, and Requests for Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified by the rules of the boards, an
				individual board is the principal custodian of the individual board's own
				orders, statements of law or policy issued by the individual board, legal
				documents, and other public documents on file.
Any interested party may examine all public records promulgated
				or maintained by the boards during regular business hours.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.8 - Custodian of Records, Filings, and Requests for Public Information

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise specified by the rules of the boards in the
				bureau, the bureau is the principal custodian of its own orders, statements of
				law or policy issued by the bureau, legal documents, and other public documents
				on file with the bureau.
Any interested party may examine all public records promulgated
				or maintained by the bureau at its offices during regular business hours. The
				offices of the bureau and the boards in the bureau are open from 8 a.m. until
				4:30 p.m., Monday through Friday. The offices are closed Saturdays, Sundays,
				and official state holidays.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.8 - Applicant Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the mailing address(es) that need to be provided
				in accordance with the individual board's rules, applicants of the boards need
				to provide a telephone number and, if applicable, an email address. The boards
				will honor the "safe at home" address issued by any state's program and
				protective orders in domestic abuse proceedings or otherwise issued to preserve
				confidentiality of a person's physical location.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.9 - Applicant Contact Information

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the mailing address(es) that must be provided in
				accordance with the individual board's rules, applicants of the boards within
				the bureau must provide a telephone number and, if applicable, an email
				address. The boards within the bureau will honor the "safe at home" address
				issued by any state's program and protective orders in domestic abuse
				proceedings or otherwise issued to preserve confidentiality of a person's
				physical location.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.9 - Newsletter

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 administrator or administrator's designee may publish or contract with a vendor
			 to publish a newsletter as a nonpublic forum to disseminate official
			 information related to the regulated professions. This official information may
			 include statutory requirements, statutory changes, rules, rule changes,
			 proposed or pending rule changes, licensing requirements, license renewal
			 procedures, board action, board interpretative rulings or guidelines, office
			 procedures, disciplinary action, ethical or professional standards, education
			 requirements, education opportunities (prelicense education, continuing
			 education, and professional development), board business, board meetings, board
			 news, and matters related thereto.
(2) The boards may notify licensees about
			 matters such as license renewal in the newsletter.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.10 - Newsletter

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 administrator or administrator's designee may publish or contract with a vendor
			 to publish a newsletter as a nonpublic forum to disseminate official
			 information related to the regulated professions. This official information may
			 include statutory requirements, statutory changes, rules, rule changes,
			 proposed or pending rule changes, licensing requirements, license renewal
			 procedures, board action, board interpretative rulings or guidelines, office
			 procedures, disciplinary action, ethical or professional standards, education
			 requirements, education opportunities (prelicense education, continuing
			 education, and professional development), board business, board meetings, board
			 news, and matters related thereto.
(2) When boards are required or allowed to
			 notify licensees about matters such as license renewal, the boards may include
			 such notices in the newsletter.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.10 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise regulated by an individual board's rules,
				abandoned applications are deemed withdrawn. An application is abandoned if the
				applicant has not accessed or modified the application through the electronic
				licensing database within the preceding six months.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 1 - Organization and Operation › Rule 193-1.11 - Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise regulated by an individual board's rules,
				abandoned applications shall be deemed withdrawn. An application is abandoned
				if the applicant has not accessed or modified the application through the
				bureau's electronic licensing database within the preceding six
				months.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 2 - Allocation of Disciplinary Fees and Costs › Rule 193-2.1 - Allocation of Disciplinary Fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Definitions.
"Board(s) "
shall include the professional
				licensing boards and commission within the professional licensing and
				regulation bureau of the banking division of the department of commerce.
"Bureau "
means the professional licensing and
				regulation bureau of the banking division of the department of commerce.
(2) All hearing fees and costs assessed by
			 the boards shall be paid directly to the bureau and shall be held in a separate
			 fund administered by the administrator
(3) The administrator shall distribute moneys
			 held in this fund during the fiscal year in which those moneys are paid to the
			 bureau. Distributions from the fund shall be made upon the request of a board
			 and in the sole discretion of the administrator A distribution received by a
			 board under this chapter shall be used only for expenditures related to
			 disciplinary hearings.
(4) The
			 administrator shall consider the following factors in exercising discretion as
			 to whether to distribute funds to a requesting board:
a. The remaining funds in the board's
			 allocated appropriation for disciplinary hearings in that fiscal
			 year.
b. The number of disciplinary
			 hearings the board has scheduled for the remainder of that fiscal year; the
			 nature and seriousness of those hearings; and the public health, safety, and
			 welfare interests implicated by those hearings.
c. Whether the board has adopted and
			 implemented hearing cost recovery rules.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 2 - Allocation of Disciplinary Fees and Costs › Rule 193-2.1 - Allocation of Disciplinary Fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Definition.
"Board(s)"
includes the professional licensing
				boards as defined in 191-Chapter 1.
(2) All hearing fees and costs assessed by
			 the boards will be paid directly to the department and held in a separate fund
			 administered by the administrator.
(3) The administrator will distribute moneys
			 held in this fund during the fiscal year in which those moneys are paid.
			 Distributions from the fund are made upon the request of a board and at the
			 sole discretion of the administrator. A distribution received by a board under
			 this chapter will be used only for expenditures related to disciplinary
			 hearings.
(4) The administrator
			 will consider the following factors in exercising discretion as to whether to
			 distribute funds to a requesting board:
a. The
			 remaining funds in the board's allocated appropriation for disciplinary
			 hearings in that fiscal year.
b.
			 The number of disciplinary hearings the board has scheduled for the remainder
			 of that fiscal year; the nature and seriousness of those hearings; and the
			 public health, safety, and welfare interests implicated by those
			 hearings.
c. Whether the board has
			 adopted and implemented hearing cost recovery rules.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for vendor appeals for
				all boards in the bureau. The process shall be applicable only when board
				services are acquired through a formal bidding procedure not handled by the
				department of administrative services or the office of the chief information
				officer.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for vendor appeals for
				all professional licensing boards as defined in 191-Chapter 1. The process is
				applicable only when board services are acquired through a formal bidding
				procedure not handled by the department of administrative services or the
				office of the chief information officer.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.2 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any vendor whose bid or proposal has been timely filed and who
				is aggrieved by the award of the board may appeal by filing a written notice of
				appeal with the board within five days of the date of the award, exclusive of
				Saturdays, Sundays, and legal state holidays. A written notice may be filed by
				e-mail. The notice of appeal must be received by the board within the time
				frame specified to be considered timely. The notice of appeal must state the
				vendor's complete legal name, street address, telephone number, e-mail address
				and the specific grounds upon which the vendor challenges the board's award,
				including legal authority, if any. The notice of appeal commences a contested
				case.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.2 - Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Any vendor whose bid or proposal has been timely filed and who
				is aggrieved by the award of the board may appeal by filing a written notice of
				appeal with the board within five days of the date of the award, exclusive of
				Saturdays, Sundays, and legal state holidays. A written notice may be filed by
				email. The notice of appeal needs to state the vendor's completed legal name,
				street address, telephone number, email address, and the specific grounds upon
				which the vendor challenges the board's award, including the legal authority,
				if any, and be received by the board within the time frame specified to be
				considered timely. The notice of appeal commences a contested
				case.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for applicants and
				licensees of all boards in the bureau to establish proof of legal presence
				pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act
				of 1996 (
				8
				U.S.C. 1621) . This chapter also addresses
				the requirement that a license applicant provide a social security number under
				42
				U.S.C. 666(a)(13) and Iowa
				Code sections
				252J.8(1)
				 and
				272D.8(1)
				 for purposes including the collection of
				child support obligations and debts owed to the state of
				Iowa.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for applicants and
				licensees of the professional licensing boards as defined in 191-Chapter 1 to
				establish proof of legal presence pursuant to the Personal Responsibility and
				Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621). This
				chapter also addresses the requirement that a license applicant provide a
				social security number under 42 U.S.C.
				666(a)(13) and Iowa Code
				sections 252J.8(1)  and
				272D.8(1)  for
				purposes including the collection of child support obligations and debts owed
				to the state of Iowa.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 After July 1,1999, applicants and licensees who are U.S. citizens or permanent
			 resident aliens may be requested to produce evidence of their lawful presence
			 in the United States as a condition of initial licensure or license renewal. If
			 requested, submission of evidence will be required once. Acceptable evidence
			 (List A) is outlined in subrule 4.3(1).
(2) After July 1, 1999, applicants and
			 licensees residing in the United States, other than those described in subrule
			 4.2(1) above, may be requested to provide evidence of lawful presence in the
			 United States at the time of initial licensure and with every subsequent
			 renewal. Acceptable evidence (List B) is outlined in subrule 4.3(2).
(3) Evidence shall not be required by foreign
			 national applicants or licensees who are not physically present in the United
			 States.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.2 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Applicants and licensees who are U.S. citizens or permanent resident aliens may
			 be requested to produce evidence of their lawful presence in the United States
			 as a condition of initial licensure or license renewal. Acceptable evidence
			 (List A) is outlined in subrule 4.3(1).
(2) Applicants and licensees residing in the
			 United States, other than those described in subrule 4.2(1) above, may be
			 requested to provide evidence of lawful presence in the United States at the
			 time of initial licensure and with every subsequent renewal. Acceptable
			 evidence (List B) is outlined in subrule 4.3(2).
(3) Evidence is not required by foreign
			 national applicants or licensees who are not physically present in the United
			 States.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.3 - Acceptable Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
The bureau shall accept as proof of lawful presence in the
				United States documents outlined in Lists A and B below. The bureau will not
				routinely retain the evidence sent and will not return the evidence once
				submitted. Documents may be retained in computer "imaged" format. Legible
				copies will be accepted. Original documents will not be required unless a
				question arises concerning the documentation submitted.
(1)
List A
-
acceptable documents to establish U.S. citizenship.
a. A copy of a birth certificate issued in or
			 by a city, county, state, or other governmental entity within the United States
			 or its outlying possessions.
b.
U.S. Certificate of Birth Abroad (FS-545, DS-135) or a Report
				of Birth Abroad of U.S. Citizen (FS-240).
c. A birth certificate or passport issued
			 from:
1. Puerto Rico, on or after January 13,
			 1941.
2. Guam, on or after April
			 10, 1989.
3. U.S. Virgin Islands,
			 on or after February 12, 1927.
4.
			 Northern Mariana Islands after November 4, 1986.
5. American Samoa.
6. Swain's Island.
7. District of Columbia.
d. A U.S. passport (expired or
			 unexpired).
e. Certificate of
			 Naturalization (N-550, N-57, N-578).
f. Certificate of Citizenship (N-560, N-561,
			 N-645).
g.
U.S. Citizen Identification Card
				(1-79,1-197).
h. An
			 individual Fee Register Receipt (Form G-711) that shows that the person has
			 filed an application for a New Naturalization or Citizenship Paper (Form
			 N-565).
i. Any other acceptable
			 document which establishes a U.S. place of birth or indicates U.S.
			 citizenship.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.3 - Acceptable Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
The professional licensing boards accept as proof of lawful
				presence in the United States documents outlined in Lists A and B below. The
				professional licensing boards will not routinely retain the evidence sent and
				will not return the evidence once submitted. Documents may be retained in
				computer "imaged" format. Legible copies will be accepted. Original documents
				will not be necessary unless a question arises concerning the documentation
				submitted.
(1)
List
			 A-acceptable documents to establish U.S. citizenship.
a. A copy of a birth certificate issued in or
			 by a city, county, state, or other governmental entity within the United States
			 or its outlying possessions.
b.
			 U.S. Certificate of Birth Abroad (FS-545, DS-135) or a Report of Birth Abroad
			 of U.S. Citizen (FS-240).
c. A
			 birth certificate or passport issued from:
(1)
			 Puerto Rico, on or after January 13, 1941.
(2) Guam, on or after April 10,
			 1989.
(3) U.S. Virgin Islands, on
			 or after February 12, 1927.
(4)
			 Northern Mariana Islands after November 4, 1986.
(5) American Samoa.
(6) Swain's Island.
(7) District of Columbia.
d. A U.S. passport (expired or
			 unexpired).
e. Certificate of
			 Naturalization (N-550, N-57, N-578).
f. Certificate of Citizenship (N-560, N-561,
			 N-645).
g. U.S. Citizen
			 Identification Card (I-79, I-197).
h. An individual Fee Register Receipt (Form
			 G-711) that shows that the person has filed an application for a New
			 Naturalization or Citizenship Paper (Form N-565).
i. Any other acceptable document that
			 establishes a U.S. place of birth or indicates U.S. citizenship.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.4 - Social Security Number Disclosure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An individual applying for a license from
			 a board within the bureau shall disclose the individual's social security
			 number on the application form unless:
a. The
			 applicant demonstrates to the satisfaction of the board that the applicant does
			 not possess and is not eligible for a social security number, or
b. The applicant demonstrates or attests that
			 the applicant is in the process of applying for a social security number and
			 will provide such number within 60 days of the date on which the applicant
			 submits the application to the board. The license of an applicant who is
			 licensed pursuant to this subrule may be revoked for failure to provide a valid
			 social security number within 60 days of the date on which the application was
			 filed.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 4 - Social Security Numbers and Proof of Legal Presence › Rule 193-4.4 - Social Security Number Disclosure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An individual applying for a license from
			 a professional licensing board will disclose the individual's social security
			 number on the application form unless:
a. The
			 applicant demonstrates to the satisfaction of the board that the applicant does
			 not possess and is not eligible for a social security number, or
b. The applicant demonstrates or attests that
			 the applicant is in the process of applying for a social security number and
			 will provide such number within 60 days of the date on which the applicant
			 submits the application to the board. The license of an applicant who is
			 licensed pursuant to this subrule may be revoked for failure to provide a valid
			 social security number within 60 days of the date on which the application was
			 filed.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, "a waiver" means action by a
				board which suspends in whole or in part the requirements or provisions of a
				rule as applied to an identified person on the basis of the particular
				circumstances of that person. "Board" includes every board and commission in
				the professional licensing and regulation bureau of the banking division of the
				department of commerce.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.2 - Scope of Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				boards in situations where no other more specifically applicable law provides
				for waivers. To the extent another more specific provision of law governs the
				issuance of a waiver from a particular rule, the more specific provision shall
				supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
A board may grant a waiver from a rule only if the board has
				jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions, or other provisions of law. A
				board may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				193-5.6(17A,546), a board may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the board finds, based on clear
				and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				board as follows:
(1)
License
			 application.
If the petition relates to a license application, the
			 petition shall be made in accordance with the filing requirements for the
			 license in question.
(2)
Contested cases.
If the petition relates to a pending
			 contested case, the petition shall be filed in the contested case proceeding,
			 using the caption of the contested case.
(3)
Other.
If the petition
			 does not relate to a license application or a pending contested case, the
			 petition may be submitted to the board's executive officer
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, e-mail address, and
			 telephone number of the entity or person for whom a waiver is requested and the
			 case number of any related contested case.
2. A description and citation of the specific
			 rule from which a waiver is requested.
3. The specific waiver requested, including
			 the precise scope and duration.
4.
			 The relevant facts that the petitioner believes would justify a waiver under
			 each of the four criteria described in rule
			 193-5.4
			 (17A,546). This statement shall include a signed statement from the petitioner
			 attesting to the accuracy of the facts provided in the petition and a statement
			 of reasons that the petitioner believes will justify a waiver.
5. A history of any prior contacts between
			 the board and the petitioner relating to the regulated activity or license
			 affected by the proposed waiver, including a description of each affected
			 license held by the requester, any notices of violation, contested case
			 hearings, or investigative reports relating to the regulated activity or
			 license within the past five years.
6. Any information known to the requester
			 regarding the board's treatment of similar cases.
7. The name, address, e-mail address, and
			 telephone number of any public agency or political subdivision which also
			 regulates the activity in question or which might be affected by the granting
			 of a waiver.
8. The name, address,
			 e-mail address, and telephone number of any person or entity that would be
			 adversely affected by the granting of a petition.
9. The name, address, e-mail address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
10. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the board with information relevant to the waiver.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic or in-person meeting between the petitioner and
				the board's executive officer, a committee of the board, or a quorum of the
				board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board
				shall ensure that, within 30 days of the receipt of the petition, notice of the
				pendency of the petition and a concise summary of its contents have been
				provided to all persons to whom notice is required by any provision of law. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is required by any provision of law and provide a
				written statement to the board attesting that notice has been provided. Notice
				may be provided by e-mail or similar electronic means.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10
				to
				17A.18A
				regarding contested case hearings shall apply to any petition for a waiver
				filed within a contested case and shall otherwise apply to board proceedings
				for a waiver only when the board so provides by rule or order or is required to
				do so by statute.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Board discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the board based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored.
A waiver, if granted, shall provide the
			 narrowest exception possible to the provisions of a rule.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions.
The board may place any condition on a waiver that
			 the board finds desirable to protect the public health, safety, and
			 welfare.
(6)
Time period of
			 waiver. A
waiver shall not be permanent unless the petitioner can show
			 that a temporary waiver would be impracticable. If a temporary waiver is
			 granted, there is no automatic right to renewal. At the sole discretion of the
			 board, a waiver may be renewed if the board finds that grounds for a waiver
			 continue to exist.
(7)
Time
			 for ruling.
The board shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the board shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver.
(9)
Service of
			 order.
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law. 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.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.11 - Interim Rulings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board
			 chair, or vice chair, if the chair is unavailable, may rule on a petition for
			 waiver if (a) the petition was not filed in a contested case, (b) the ruling
			 would not be timely if made at the next regularly scheduled board meeting, and
			 (c) the ruling can be based on board precedent or a reasonable extension of
			 prior board action on similar requests.
(2) The board chair or vice chair may call a
			 special telephonic meeting of the board if a ruling cannot be made under
			 subrule 5.11(1) and the practical result of waiting until the next regularly
			 scheduled board meeting would be denial of the request due to timing
			 issues.
(3) Interim rulings are
			 effective when made, but they shall also be placed on the agenda at the next
			 regularly scheduled board meeting and recorded in the minutes.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Semiannually, each board shall prepare a summary report
				identifying the rules for which a waiver has been granted or denied, the number
				of times a waiver was granted or denied for each rule, a citation to the
				statutory provisions implemented by these rules, and a general summary of the
				reasons justifying the board's actions on waiver requests. If practicable, the
				report shall detail the extent to which the granting of a waiver has affected
				the general applicability of the rule itself Copies of this report shall be
				available for public inspection and shall be provided semiannually to the
				administrative rules coordinator and the administrative rules review
				committee.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.13 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Within 60 days of granting or denying a waiver, each board
				shall make a submission on the Internet site established pursuant to Iowa Code
				section
				17A.9A for the submission
				of waiver information. The submission shall identify the rules for which a
				waiver has been granted or denied, the number of times a waiver was granted or
				denied for each rule, a citation to the statutory provisions implemented by
				these rules, and a general summary of the reasons justifying the board's
				actions on waiver requests. If practicable, the submission shall detail the
				extent to which the granting of a waiver has affected the general applicability
				of the rule itself.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 5 - Waivers › Rule 193-5.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 6 - Investigatory Subpoenas › Rule 193-6.1 - Investigatory Subpoena Authority

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				17A.13(1)
				 and
				272C.6(3),
				all boards, as defined in rule
				193-7.1
				(17A,542,542B,543B,543D,544A,544B,544C), have the authority to issue subpoenas
				to compel the production of professional records, books, papers, correspondence
				and other records which are deemed necessary as evidence in connection with the
				investigation of a licensee disciplinary proceeding, or otherwise necessary for
				the board to determine whether to commence a contested case. When such an
				investigation involves licensee discipline, the board may subpoena such
				evidence whether or not privileged or confidential under law. To ensure
				consistency in procedure, all boards will issue investigatory subpoenas
				according to the uniform procedures set forth in rule
				193-6.2
				(17A,272C,542,542B,543B,543D,544A,544B,544C). Given the range of investigative
				options otherwise utilized by each board, additional detail on investigative
				procedures is provided separately in each board's individual
				rules.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 6 - Investigatory Subpoenas › Rule 193-6.1 - Investigatory Subpoena Authority

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections
				17A.13(1)  and
				272C.6(3),
				professional licensing boards, as defined in 191-Chapter 1, have the authority
				to issue subpoenas to compel the production of professional records, books,
				papers, correspondence and other records that are deemed necessary as evidence
				in connection with the investigation of a licensee disciplinary proceeding, or
				otherwise necessary for the board to determine whether to commence a contested
				case. When such an investigation involves licensee discipline, the board may
				subpoena such evidence whether or not privileged or confidential under law. To
				ensure consistency in procedure, all boards will issue investigatory subpoenas
				according to the uniform procedures set forth in rule
				193-6.2(17A,272C,542,542B,543B,543D,544A,544B,544C). Given the range of
				investigative options otherwise utilized by each board, additional detail on
				investigative procedures is provided separately in each board's individual
				rules.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 6 - Investigatory Subpoenas › Rule 193-6.2 - Investigatory Subpoena Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board's executive officer or designee
			 may, uponthe written request of a board investigator or on the officer's own
			 initiative, subpoena books, papers, records, and other real evidence which the
			 officer determines are necessary for the board to decide whether to institute a
			 contested case proceeding. In the case of a subpoena for mental health records,
			 each of the following conditions shall be satisfied prior to the issuance of
			 the subpoena:
a. The nature of the complaint
			 reasonably justifies the issuance of a subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. The patient was notified and
			 an attempt was made to secure an authorization from the patient for release of
			 the records at issue.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 6 - Investigatory Subpoenas › Rule 193-6.2 - Investigatory Subpoena Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board's executive officer or designee
			 may, upon the written request of a board investigator or on the officer's own
			 initiative, subpoena books, papers, records, and other real evidence that the
			 officer determines are necessary for the board to decide whether to institute a
			 contested case proceeding. In the case of a subpoena for mental health records,
			 each of the following conditions need to be satisfied prior to the issuance of
			 the subpoena:
a. The nature of the complaint
			 reasonably justifies the issuance of a subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. The patient was notified and
			 an attempt was made to secure an authorization from the patient for release of
			 the records at issue.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
includes the engineering and land
				surveying examining board (Iowa Code chapter 542B), the accountancy examining
				board (Iowa Code chapter 542), the real estate commission (Iowa Code chapter
				543B), the real estate appraiser examining board (Iowa Code chapter 543D), the
				architectural examining board (Iowa Code chapter 544A), the landscape
				architectural examining board (Iowa Code chapter 544B), and the interior design
				examining board (Iowa Code chapter 544C).
"Contested case "
means any adversary
				proceeding before a board to determine whether disciplinary action should be
				taken against a licensee under Iowa Code chapter 542, 542B, 543B, 543D, 544A,
				544B, or 544C; an adversary proceeding against a nonlicensee pursuant to Iowa
				Code section
				542.14,
				542B.27,
				543B.34,
				543D.21,
				or 544A. 15; or any other proceeding designated a contested case by any
				provision of law, including but not limited to adversary proceedings involving
				license applicants and the reinstatement of a suspended, revoked or voluntarily
				surrendered license.
"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 by rule or in the order.
"License "
means a license, registration,
				certificate, permit or other form of practice permission required or authorized
				by Iowa Code chapter 542, 542B, 543B, 543D, 544A, 544B, or 544C.
"Party"
means the state, as represented by the
				assistant attorney general assigned to prosecute the case on behalf of the
				public interest, the respondent or applicant, or an intervenor.
"Presiding officer"
means the board and, when
				applicable, a panel of board members or an administrative law judge assigned to
				render a proposed decision in a nondisciplinary contested case.
"Probable cause "
means a reasonable ground
				for belief in the existence of facts which would support a specified proceeding
				under applicable law and rules.
"Quorum "
means a majority of the members of
				the board. Action may generally be taken upon a majority vote of board members
				present at a meeting who are not disqualified, although discipline may only be
				imposed by a majority vote of the members of the board who are not disqualified
				and, for the engineering and land surveying examining board, only upon an
				affirmative vote of at least five members of the board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Board"
includes the professional licensing
				boards as defined in 191-Chapter 1.
"Contested case"
means any adversary
				proceeding before a board to determine whether disciplinary action should be
				taken against a licensee under Iowa Code chapter 542, 542B, 543B, 543D, 544A,
				544B, or 544C; an adversary proceeding against a nonlicensee pursuant to Iowa
				Code section 542.14, 542B.27,
				543B.34,
				543D.21, or
				544A.15; or any other proceeding
				designated a contested case by any provision of law, including but not limited
				to adversary proceedings involving license applicants and the reinstatement of
				a suspended, revoked or voluntarily surrendered license.
"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 by rule or in the order.
"License"
means a license, registration,
				certificate, permit or other form of practice permission required or authorized
				by Iowa Code chapter 542, 542B, 543B, 543D, 544A, 544B, or 544C.
"Party"
means the state, as represented by the
				assistant attorney general assigned to prosecute the case on behalf of the
				public interest, the respondent or applicant, or an intervenor.
"Presiding officer"
means the board and, when
				applicable, a panel of board members or an administrative law judge assigned to
				render a proposed decision in a nondisciplinary contested case.
"Probable cause"
means a reasonable ground for
				belief in the existence of facts that would support a specified proceeding
				under applicable law and rules.
"Quorum"
means a majority of the members of
				the board. Action may generally be taken upon a majority vote of board members
				present at a meeting who are not disqualified, although discipline may only be
				imposed by a majority vote of the members of the board who are not disqualified
				and, for the engineering and land surveying examining board, only upon an
				affirmative vote of at least five members of the board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.2 - Scope and Applicability of the Iowa Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter applies to contested cases conducted by all boards
				in the bureau. Except as expressly provided in Iowa Code chapter 17A and these
				rules, the Iowa Rules of Civil Procedure do not apply to contested case
				proceedings. However, upon application by a party, the board may permit the use
				of procedures provided for in the Iowa Rules of Civil Procedure unless doing so
				would unreasonably complicate the proceedings or impose an undue hardship on a
				party.