Iowa Admin. Code r. 501-6.18 - Reinstatement
Any person whose certification has been suspended may apply to the board for reinstatement in accordance with the terms and conditions of the order of suspension and this rule. Any person whose certification has been revoked is not eligible for reinstatement.
(1) All proceedings for reinstatement shall
be initiated by the law enforcement officer or reserve peace officer, who shall
file with the academy council an application for reinstatement. Such
application shall be docketed in the original case in which the certification
was suspended. All proceedings upon the application for reinstatement shall be
subject to the same rules of procedure as other cases before the academy
council.
(2) An application for
reinstatement shall allege facts which, if established, will be sufficient to
enable the academy council to determine that the basis for the suspension of
the law enforcement officer's or reserve peace officer's certification no
longer exists and that it will be in the public interest for the certification
to be reinstated. The burden of proof to establish such facts shall be on the
law enforcement officer or reserve peace officer seeking
reinstatement.
(3) An order denying
or granting reinstatement shall be based upon a decision which incorporates
findings of fact and conclusions of law.
Notes
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