(1)
Definitions. As used in
this rule in relation to formal disciplinary action filed by the board against
a licensee, the following definitions apply:
"Deposition" means the testimony of a person
taken pursuant to subpoena or at the request of the state of Iowa taken in a
setting other than a hearing.
"Evaluation fees" means actual costs incurred
by the board in a physical, mental, chemical abuse, other impairment-related
examination or evaluation or clinical competency evaluation of a licensee when
the examination or evaluation is conducted pursuant to an order of the
board.
"Expenses" means costs incurred by persons
appearing pursuant to a subpoena or at the request of the state of Iowa for
purposes of providing testimony on the part of the state of Iowa in a hearing
or other official proceeding and includes mileage reimbursement at the rate
specified in Iowa Code section
70A.9 or, if commercial air or
ground transportation is used, the actual cost of transportation to and from
the proceeding. Also included are actual costs incurred for meals and necessary
lodging.
"Transcript" means a printed verbatim
reproduction of everything said on the record during a hearing or other
official proceeding.
"Witness fees" means compensation paid by the
board to persons appearing pursuant to subpoena or at the request of the state
of Iowa for purposes of providing testimony on the part of the state of Iowa.
For the purposes of this rule, compensation is the same as outlined in Iowa
Code section 622.69 or
622.72, as applicable.
(2)
Disciplinary hearing
fee and related hearing costs. As set forth in Iowa Code section
272C.6(6), a
board created pursuant to Iowa Code chapter 147, 154A, 155, 169, 542, 542B,
543B, 543D, 544A, or 544B may charge a fee not to exceed $75 for conducting a
disciplinary hearing that results in disciplinary action taken against the
licensee by the board. The board may also recover from the licensee the costs
for transcripts, witness fees and expenses, depositions, and medical
examination fees incurred relating to a person licensed under Iowa Code chapter
147, 154A, 155, or 169. An order assessing a fee will be included as part of
the board's final decision and will direct the licensee to deliver payment
directly to the board. The allocation of fees and costs collected pursuant to
this subrule is in accordance with Iowa Code section
272C.6(6)
"b." The board may assess these costs in the manner it deems
most equitable in accordance with the following:
a.
Transcript costs. The
board may recover the costs for the court reporter and assess the transcript
costs against the licensee pursuant to Iowa Code section
272C.6(6), if
applicable, or against the requesting party pursuant to Iowa Code section
17A.12(7).
(1) The cost of the transcript includes the
transcript of the original contested case hearing before the board, as well as
transcripts of any other formal proceedings before the board that occur after
the notice of the contested case hearing is filed.
(2) In the event of an appeal to the full
board from a proposed decision, the appealing party shall timely request and
pay for the transcript necessary for use in the agency appeal
process.
b.
Witness fees and expenses. The parties in a contested case are
responsible for any witness fees and expenses incurred by witnesses appearing
at the contested case hearing. In addition, the board may assess the licensee
the witness fees and expenses incurred by the witnesses called to testify on
behalf of the state of Iowa, provided that the costs are calculated as follows:
(1) The costs for lay witnesses are
determined in accordance with Iowa Code section
622.69. For purposes of
calculating the mileage expenses allowed under that section, the provisions of
Iowa Code section 625.2 do not apply.
(2) The costs for expert witnesses are
determined in accordance with Iowa Code section
622.72. For purposes of
calculating the mileage expenses allowed under that section, the provisions of
Iowa Code section 625.2 do not apply.
(3) The provisions of Iowa Code section
622.74 regarding advance payment
of witness fees and the consequences for failure to make such payment are
applicable with regard to witnesses who are subpoenaed by either party to
testify at the hearing.
(4) The
board may assess as costs the meal and lodging expenses necessarily incurred by
witnesses testifying at the request of the state of Iowa. Meal and lodging
costs shall not exceed the reimbursement employees of the state of Iowa receive
for these expenses under the department of revenue guidelines.
c.
Deposition
costs. Deposition costs for purposes of allocating costs against a
licensee include only those deposition costs incurred by the state of Iowa. The
licensee is directly responsible for the payment of deposition costs incurred
by the licensee.
(1) The costs for depositions
include the cost of transcripts, the daily charge of the court reporter for
attending and transcribing the deposition, and all mileage and travel time
charges of the court reporter for traveling to and from the deposition that are
charged in the ordinary course of business.
(2) If the deposition is of an expert
witness, the deposition cost includes a reasonable fee for an expert witness.
This fee will not exceed the expert's customary hourly or daily fee and shall
include the time reasonably and necessarily spent in connection with such
deposition, including the time spent in travel to and from the deposition, but
excluding time spent in preparation for that deposition.
d.
Medical examination fees.
All costs of physical or mental examinations or substance abuse evaluations or
drug screening or clinical competency evaluations ordered by the board pursuant
to Iowa Code section 272C.9(1) as
part of an investigation of a pending complaint or as a sanction following a
contested case shall be paid directly by the licensee.
(3)
Certification of reimbursable
costs. The board administrator or designee will certify any
reimbursable costs incurred by the board. The board administrator will
calculate the specific costs, certify the cost calculated, and file the
certification as part of the record in the contested case. A copy of the
certification shall be served on the party responsible for payment of the
certified costs at the time of the filing.
(4)
Assessment of fees and
costs. A final decision of the board imposing disciplinary action
against a licensee shall include the amount of any disciplinary hearing fee
assessed. If the board also assesses reimbursable costs against the licensee,
the board will file a certification of reimbursable costs that includes a
statement of costs delineating each category of costs and the amount assessed.
The board will specify the time period in which the fees and costs must be paid
by the licensee.
a. Prior to seeking judicial
review, a party shall file an objection to any fees or costs imposed by the
board in order to exhaust administrative remedies. An objection shall be filed
in the form of an application for rehearing pursuant to Iowa Code section
17A.16(2).
b. The application will be resolved by the
board consistent with the procedures for ruling on an application for
rehearing. Any dispute regarding the calculation of any fees or costs to be
assessed may be resolved by the board upon receipt of the parties' written
objections.
(5)
Payment of fees and costs. All fees and costs assessed
pursuant to this rule shall be made in the form of a check or money order made
payable to the board and delivered to the board office.
(6)
Failure to make payment.
Failure of a licensee to pay any fees and costs within the time specified in
the board order constitutes a violation of an order of the board and may be
grounds for disciplinary action.
