Iowa Admin. Code r. 282-11.32 - 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 board may issue a written order in compliance
with Iowa Code section 17A.I8 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 board by emergency adjudicative
order Before issuing an emergency adjudicative order the board shall consider
factors including, but not lunited to, the following:
a. Whether there has been a sufficient
factual investigation to ensure that the board 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 board is necessary to avoid the immediate danger
(2)
Issuance of order
a. 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 board 's decision to take immediate
action.
b. 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 board ;
(3) Certified mail to the last address on
file with the board ;
(4)
First-class mail to the last address on file with the board ; or
(5) 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 board orders be sent by fax and has provided a fax number for that
purpose.
c. To the
degree practicable, the board 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 board 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 board shall proceed as quickly as feasible to complete any proceedings that
would be required if the matter did not involve an immediate danger
Notes
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