Iowa Admin. Code r. 193-2.1 - Allocation of disciplinary fees and costs
(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.
(5) The administrator will distribute a
percentage of the remaining fees and costs to each board.
(6) The fees and costs allocated back to the
individual professional licensing boards will be considered repayment receipts
as defined in Iowa Code section
8.2. The fees and costs
allocated back to each professional board will be applied to the costs incurred
by each profession for prosecution of contested cases that could result in
disciplinary action.
This rule is intended to implement Iowa Code section 272C.6(6).
Notes
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