Iowa Admin. Code r. 641-33.23 - Settlement agreements
(1) Settlement
negotiations after the notice of hearing may be initiated by the licensee or
other respondent, the prosecuting attorney, the board 's executive officer , or
the board chair or chair's designee.
(2) The board chair or chair's designee may
negotiate on behalf of the board but does not have the authority to bind the
board to a particular term of settlement.
(3) The respondent is not obligated to
participate in settlement negotiations. The respondent's initiation or consent
to settlement negotiations constitutes a waiver of notice and opportunity to be
heard during the settlement negotiation pursuant to Iowa Code section 17A.17
and rule 641-33.27 (17A). Thereafter, the
prosecuting attorney is authorized to discuss informal settlement with the
board chair or chair's designee, and the designated board member is not
disqualified from participating in the adjudication of the contested
case .
(4) Unless designated to
negotiate, no member of the board shall be involved in settlement negotiation
until a written consent order is submitted to the full board for approval. No
informal settlement will be submitted to the full board unless it is in final
written form executed by the respondent. By signing the proposed consent order,
the respondent authorizes the prosecuting attorney or executive officer to have
ex parte communications with the board related to the terms of the settlement.
If the board fails to approve the consent order, it shall be of no force and
effect to either party and shall not be admissible at hearing. Upon rejecting a
proposed consent order, the board may suggest alternative terms of settlement,
which the respondent is free to accept or reject.
(5) If the board and respondent agree to a
consent order, the consent order constitutes the final decision of the board .
By electing to resolve a contested case through consent order, the respondent
waives all rights to a hearing and attendant rights. A consent order in a
licensee disciplinary case has the force and effect of a final disciplinary
order entered in a contested case and may be published as provided in subrule
33.30(1).
Notes
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