Iowa Admin. Code r. 185-10.31 - [Rescinded effective 3/26/2025] Emergency adjudicative proceedings
(1)
Necessary emergency action. To the extent necessary to prevent
or avoid immediate danger to the public health, safety, or welfare and,
consistent with the Constitution and other provisions of law, the agency may
issue a written order in compliance with Iowa Code section
17A.18 to suspend a license in
whole or in part, order the cessation of any continuing activity, order
affirmative action, or take other action within the jurisdiction of the agency
by emergency adjudicative order. Before issuing an emergency adjudicative order
the agency shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient
factual investigation to ensure that the agency is proceeding on the basis of
reliable information;
b. Whether
the specific circumstances which pose immediate danger to the public health,
safety or welfare have been identified and determined to be
continuing;
c. Whether the person
required to comply with the emergency adjudicative order may continue to engage
in other activities without posing immediate danger to the public health,
safety or welfare;
d. Whether
imposition of monitoring requirements or other interim safeguards would be
sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated
by the division is necessary to avoid the immediate danger.
(2)
Issuance of
order.
a. Contents. An emergency
adjudicative order shall contain findings of fact, conclusions of law, and
policy reasons to justify the determination of an immediate danger in the
division's decision to take immediate action.
b. Service. The written emergency
adjudicative order shall be immediately delivered to persons who are required
to comply with the order by utilizing one or more of the following procedures:
(1) Personal delivery;
(2) Certified mail, return receipt requested,
to the last address on file with the agency; or
(3) Fax. Fax may be used as the sole method
of delivery if the person required to comply with the order has filed a written
request that agency orders be sent by fax and has provided a fax number for
that purpose.
c.
Delivery. To the degree practicable, the agency shall select the procedure for
providing written notice that best ensures prompt, reliable delivery.
(3)
Oral notice.
Unless the written emergency adjudicative order is provided by personal
delivery on the same day that the order issues, the agency shall make
reasonable immediate efforts to contact by telephone the persons who are
required to comply with the order.
(4)
Completion of
proceedings. After the issuance of an emergency adjudicative order,
the agency shall proceed as quickly as feasible to complete any proceedings
that would be required if the matter did not involve an immediate
danger.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Necessary emergency action. To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare and, consistent with the Constitution and other provisions of law, the agency may issue a written order in compliance with Iowa Code section 17A.18 to suspend a license in whole or in part, order the cessation of any continuing activity, order affirmative action, or take other action within the jurisdiction of the agency by emergency adjudicative order. Before issuing an emergency adjudicative order the agency shall consider factors including, but not limited to, the following:
a. Whether there has been a sufficient factual investigation to ensure that the agency is proceeding on the basis of reliable information;
b. Whether the specific circumstances which pose immediate danger to the public health, safety or welfare have been identified and determined to be continuing;
c. Whether the person required to comply with the emergency adjudicative order may continue to engage in other activities without posing immediate danger to the public health, safety or welfare;
d. Whether imposition of monitoring requirements or other interim safeguards would be sufficient to protect the public health, safety or welfare; and
e. Whether the specific action contemplated by the division is necessary to avoid the immediate danger.
(2) Issuance of order.
a. Contents. An emergency adjudicative order shall contain findings of fact, conclusions of law, and policy reasons to justify the determination of an immediate danger in the division 's decision to take immediate action.
b. Service. The written emergency adjudicative order shall be immediately delivered to persons who are required to comply with the order by utilizing one or more of the following procedures:
(1) Personal delivery;
(2) Certified mail, return receipt requested, to the last address on file with the agency; or
(3) Fax. Fax may be used as the sole method of delivery if the person required to comply with the order has filed a written request that agency orders be sent by fax and has provided a fax number for that purpose.
c. Delivery. To the degree practicable, the agency shall select the procedure for providing written notice that best ensures prompt, reliable delivery.
(3) Oral notice. Unless the written emergency adjudicative order is provided by personal delivery on the same day that the order issues, the agency shall make reasonable immediate efforts to contact by telephone the persons who are required to comply with the order.
(4) Completion of proceedings. After the issuance of an emergency adjudicative order, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.