Iowa Admin. Code r. 641-34.5 - Issuance of investigatory subpoenas
(1) The board
executive officer or designee may, upon the written request of a board
investigator or on the executive officer's own initiative, subpoena books,
papers, records, and other real evidence that are necessary for the board to
decide whether to initiate a contested case proceeding. In the case of a
subpoena for mental health records, each of the following conditions shall be
satisfied prior to the issuance of the subpoena:
a. The nature of the complaint reasonably
justifies the issuance of a subpoena;
b. Adequate safeguards have been established
to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
public policy, or other recognizable public interest favors access;
and
d. An attempt was made to
notify the patient and to secure an authorization from the patient for release
of the records at issue.
(2) Each subpoena will contain:
a. The name and address of the person to whom
the subpoena is directed;
b. A
description of the books, papers, records or other real evidence
requested;
c. The date, time and
location for production or inspection and copying;
d. The deadline for filing a motion to quash
or modify the subpoena;
e. The
signature, address and telephone number of the board executive officer or
designee;
f. The date of
issuance;
g. A return of
service.
(3) A person can
challenge the subpoena by filing a motion to quash describing the legal
justification for the motion within 14 days after service of the subpoena, or
before the time specified for compliance if such time is less than 14
days.
(4) Upon receipt of a timely
motion to quash or modify a subpoena, an administrative law judge will issue a
decision. The administrative law judge may quash or modify the subpoena, deny
the motion, or issue an appropriate protective order.
(5) A person who is aggrieved by a ruling of
an administrative law judge and who desires to challenge that ruling must
appeal the ruling to the board by serving the board executive officer, either
in person , by email, or by certified mail, a notice of appeal within ten days
after service of the decision of the administrative law judge.
(6) If the person contesting the subpoena is
not the person under investigation, the board's decision is final for purposes
of judicial review. If the person contesting the subpoena is the person under
investigation, the board's decision is not final for purposes of judicial
review until either (1) the person is notified the investigation has been
concluded with no formal action, or (2) there is a final decision in the
contested case.
Notes
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