Iowa Administrative Code › Agency 811 - Veterinary Medicine Board › Chapter 10 - Discipline › Rule 811-10.39 - Disciplinary Hearing-fees and Costs

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
			 this rule in relation to a formal disciplinary action filed by the board
			 against a credential holder:
"Deposition "
means the testimony of a person
				taken pursuant to subpoena or at the request of the state of Iowa taken in a
				setting other than a hearing.
"Expenses "
means costs incurred by persons
				appearing pursuant to subpoena or at the request of the state of Iowa for
				purposes of providing testimony on the part of the state of Iowa in a hearing
				or other official proceeding and shall include mileage reimbursement at the
				rate specified in Iowa Code section
				70A.9
				or, if commercial air or ground transportation is used, the actual cost of
				transportation to and from the proceeding. Also included are actual costs
				incurred for meals and necessary lodging.
"Medical examination fees"
means actual costs
				incurred by the board in a physical, mental, chemical abuse, or other
				impairment-related examination or evaluation of a credential holder when the
				examination or evaluation is conducted pursuant to an order of the
				board.
"Record"
means the proceedings of the hearing
				including, but not limited to, the transcript and any documentary evidence
				admitted or offered at the hearing.
"Transcript"
means a printed verbatim
				reproduction of everything said on the record during a hearing or other
				official proceeding.
"Witness fees"
means compensation paid by the
				board to persons appearing pursuant to subpoena or at the request of the state
				of Iowa for purposes of providing testimony on the part of the state of Iowa.
				For the purpose of this rule, compensation shall be the same as outlined in
				Iowa Code section
				622.69 or
				622.72, as
				applicable.
(2)
Disciplinary
			 hearing fee.
The board may charge a fee not to exceed the amoimt
			 authorized in Iowa Code section
			 272C.6
			 for conducting a disciplinary hearing which results in disciplinary action
			 taken against the credential holder by the board. An order assessing a fee
			 shall be included as part of the board's final decision. The order shall direct
			 the credential holder to deliver payment directly to the department of
			 agriculture and land stewardship as provided in subrule 10.39(6).
(3)
Recovery of related hearing
			 costs.
The board may also recover from the credential holder the costs
			 for transcripts, witness fees and expenses, depositions, and medical
			 examination fees, if disciplinary action is taken. The board may assess these
			 costs in the manner it deems most equitable in accordance with the following:
a.
Transcript costs.
The
			 board may assess the transcript costs against the credential holder pursuant to
			 Iowa Code section
			 272C.6(6)
			  or against the requesting party pursuant to
			 Iowa Code section
			 17A.12(7).
(1) The cost of the transcript includes the
			 transcript of the original contested case hearing before the board, as well as
			 transcripts of any other formal proceedings before the board which occur after
			 the notice of the contested case hearing is filed.
(2) In the event of an appeal to the full
			 board from a proposed decision, the appealing party shall timely request and
			 pay for the transcript necessary for use in the board appeal process.