Iowa Admin. Code r. 641-155.11 - Denial, suspension or revocation of a license
The
(1)
Initial notice from
committee . When the committee determines to deny, suspend or revoke a
one-, two-, or three-year license or a license under deemed status, the
division shall notify the applicant or licensee by certified mail, return
receipt requested. Such notice shall provide the applicant or licensee the
opportunity to submit a written corrective action plan or written objections to
the division .
(2)
Submission of corrective action plan or objections. An
applicant notified of denial of a one-, two-, or three-year license or a
license under deemed status or a licensee notified of suspension or revocation
of a license may submit a written corrective action plan or written objections
to the division within 20 days after receipt of the notice.
a.
Written corrective action
plan. The written corrective action plan must meet the requirements of
paragraphs 155.9(1)"a" to"c." If the applicant or licensee
submits a written corrective action plan, the applicant or licensee shall have
90 days from the date of submission within which to show compliance with the
plan. The applicant or licensee shall submit any information to the committee
that the committee requests or that the applicant or licensee deems pertinent
to show compliance with the plan. The department may inspect the licensee ,
including on-site inspection , to review the implemented corrective measures and
report to the committee .
b.
Objections. If the applicant or licensee submits written
objections, the applicant or licensee shall submit to the committee any
information that the committee or the applicant or licensee deems pertinent to
support the applicant 's or licensee 's defense.
(3)
Decision of committee .
Following receipt of a written corrective action plan and expiration of the
90-day compliance period, or following receipt of written objections, or when a
written corrective action plan or written objections have not been received
within the 20-day time period, the committee may meet to determine whether to
proceed with the denial, suspension or revocation. The division shall send
notice of this meeting to the applicant or licensee by certified mail, return
receipt requested, ten days prior to the committee meeting, notifying the
program director and the program board chairperson of the time, place and date
of the committee meeting.
(4)
Notice of decision and opportunity for contested case hearing.
a. When the committee determines to deny,
suspend, or revoke a license , the applicant or licensee shall be given written
notice by restricted certified mail.
b. The applicant or licensee may request a
hearing on the determination. The request must be in writing and sent by
certified mail, return receipt requested, to the department 's address within 30
days of the notice issued by the division . Failure to request a hearing will
result in final action by the committee .
(5)
Summary suspension. If
the committee or department finds that the health, safety or welfare of the
public is endangered by continued operation of a program , the committee or
department may order summary suspension of a license , pursuant to Iowa Code
sections
17A.18 and
125.15A,
pending proceedings for revocation or other actions in accordance with Iowa
Code sections
17A.18A
and
125.15A.
These proceedings shall be promptly instituted and determined.
Notes
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