Iowa Admin. Code r. 193-7.39 - Hearing on license denial
If the
(1) An applicant who is
aggrieved by the denial of an application for licensure and who desires to
contest the denial will need to request a hearing before the board within 30
calendar days of the date the notice of denial is mailed. A request for a
hearing needs to be in writing and is deemed made on the date of the United
States Postal Service nonmetered postmark or the date of personal service to
the board office. The request for hearing will specify the factual or legal
errors that the applicant contends were made by the board , needs to identify
any factual disputes upon which the applicant desires an evidentiary hearing,
and may provide additional written information or documents in support of
licensure. If a request for hearing is timely made, the board will promptly
issue a notice of contested case hearing on the grounds asserted by the
applicant.
(2) The board , in its
discretion, may act as presiding officer at the contested case hearing, may
hold the hearing before a panel of three board members, or may request that an
administrative law judge act as presiding officer . The applicant may request
that an administrative law judge act as presiding officer and render a proposed
decision pursuant to rule
193-7.10 (17A,272C). A proposed
decision by a panel of board members or an administrative law judge is subject
to appeal or review by the board pursuant to rule
193-7.32 (17A).
(3) License denial hearings are contested
cases open to the public. Evidence supporting the denial of the license may be
presented by an assistant attorney general. While each party will have the
burden of establishing the affirmative of matters asserted, the applicant will
have the ultimate burden of persuasion as to the applicant's qualification for
licensure.
(4) The board , after a
hearing on license denial, may grant or deny the application for licensure. If
denied, the board will state the reasons for denial of the license and may
state conditions under which the application for licensure might be granted, if
applicable.
(5) The notice of
license denial, request for hearing, notice of hearing, record at hearing and
order are open records available for inspection and copying in accordance with
Iowa Code chapter 22. Copies may be provided to the media, collateral
organizations and other persons or entities.
(6) Judicial review of a final order of the
board denying licensure may be sought in accordance with the provisions of Iowa
Code section 17A.19, which are applicable to
judicial review of any agency's final decision in a contested case .
Notes
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