A petitioner or applicant may appeal a determination of
ineligibility, or the denial of a license application, in the manner and time
frame set forth in the board's written decision. A timely appeal will cause a
nondisciplinary license denial contested case proceeding as provided in rule
193F-20.39 (546,543D,272C) to be initiated. The board's rules governing
nondisciplinary license denial contested case hearings will apply unless
otherwise specified in this rule. Failure to timely appeal will result in the
board's written decision becoming a final order.
(1) A petitioner or applicant must appeal a
determination of ineligibility or the denial of a license application in order
to exhaust administrative remedies.
(2) A file-stamped copy of the final order or
judgment of conviction or plea of guilty constitutes conclusive evidence of a
conviction.
(3) The board shall
have the burden of proof to establish that the petitioner's or applicant's
convictions include at least one disqualifying offense by a preponderance of
the evidence. Once established, the burden of proof shall shift to the
petitioner or applicant to establish rehabilitation by clear and convincing
evidence.
(4) A petitioner or
applicant who is aggrieved or adversely affected by a final decision of the
board rendered following a nondisciplinary hearing following a nondisciplinary
license denial hearing must initiate further appeal to the superintendent in
accordance with 193F-Chapter 17 in order to exhaust administrative
remedies.
(5) A petitioner or
applicant may only seek judicial review of a determination of ineligibility or
license application denial after the issuance of a final order following a
contested case proceeding and following any appeal to or review by the
superintendent, if taken or initiated within applicable time frames.
(6) Judicial review of final agency action
shall be in accordance with Iowa Code section 17A. 19.
