If the executive director denies an application to renew a
license, certificate or authorization, a notice of hearing will be issued to
commence a contested case proceeding. The executive director may deny a renewal
application on the same grounds as those that apply to an application for
licensure described in subrules 11.35(1) through 11.35(4).
(1)
Hearing procedure.
Hearings on denial of an application to renew a license will be conducted
according to the contested case procedural rules in this chapter. Evidence
supporting the denial of the license may be presented by an assistant attorney
general.
(2)
Judicial
review. Judicial review of a final order of the board denying renewal
of licensure may be sought in accordance with the provisions of Iowa Code
section 17A.19, which are applicable to
judicial review of an agency's final decision in a contested case.
(3)
Impact of denial of renewal
application. Pursuant to Iowa Code section
17A.18(2), if
the licensee has made timely and sufficient application for renewal, an
existing license will not expire until the last day for seeking judicial review
of the board's final order denying the application or a later date fixed by
order of the board or reviewing court.
(4)
Timeliness of renewal
application. Within the meaning of Iowa Code section
17A.18(2), a
timely and sufficient renewal application will be:
a. Received by the board on or before the
date the license is set to expire or lapse;
b. Signed by the licensee and certified as
accurate if submitted electronically;
c. Fully completed; and
d. Accompanied by the proper fee. The fee
will be deemed improper if the amount is incorrect, the fee was not included
with the application, or the licensee's check is unsigned or returned for
insufficient funds.
Notes
Iowa Admin. Code r. 282-11.36
Adopted by
IAB
January 22, 2025/Volume XLVII, Number 15, effective
2/26/2025
