Iowa Admin. Code r. 641-33.36 - License denial
If the
(1) An applicant who is
aggrieved by the denial of an application for licensure and who desires to
contest the denial must request a hearing before the board within 30 calendar
days of the date the notice of denial is mailed. A request for hearing must be
in writing and is deemed made on the date of the United States Postal Service
nonmetered postmark or the date of personal service to the board office. The
request for hearing shall specify the factual or legal errors that the
applicant contends were made by the board , must identify any factual disputes
upon which the applicant desires an evidentiary hearing, and may provide
additional written information or documents in support of licensure. If a
request for hearing is timely made, the board shall promptly issue a notice of
hearing on the grounds asserted by the applicant .
(2) Subject to subrule 33.10(1), the board
may act as presiding officer at the contested case hearing, may hold the
hearing before a panel of three board members, or may request that an
administrative law judge act as the presiding officer and render a proposed
decision. A proposed decision by a panel of board members or an administrative
law judge is subject to appeal or review by the board pursuant to subrule
33.30(2).
(3) License denial
hearings are contested cases open to the public. Evidence supporting the denial
of the license may be presented by an assistant attorney general. While each
party shall have the burden of establishing the affirmative of matters
asserted, the applicant shall have the ultimate burden of persuasion as to the
applicant 's qualification for licensure.
(4) The presiding officer , after a hearing on
the license denial, may grant or deny the application for licensure. If denied,
the presiding officer shall state the reasons for denial of the license and may
state conditions under which the application for licensure might be granted, if
applicable.
(5) The notice of
license denial, request for hearing, notice of hearing, record at hearing, and
order are open records and available for inspection and copying in accordance
with Iowa Code chapter 22. Copies may be provided to the media, collateral
organizations, and other persons or entities.
(6) Judicial review of a final order of the
board denying licensure may be sought in accordance with the provisions of Iowa
Code section 17A.19 that are applicable to
judicial review of any agency 's final decision in a contested
case .
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.