Iowa Admin. Code r. 641-77.9 - Review, approval or denial of district board of health formation
(1) Upon receipt of
the application form and all information contained in rule
641-77.8 (137), the department shall review such information and shall determine, within
30 days, whether the required elements have been presented by the proposed
district .
(2) The department shall
present its findings to the state board of health at the board's next regularly
scheduled meeting, at which time the state board of health may approve
formation of the district board of health.
(3) The state board of health shall
immediately provide notice of approval of district board of health formation,
including effective dates, to the county board of health of each county in the
district and to the board of supervisors of each county in the
district .
(4) Upon receipt of the
notice of approval of district board of health formation, each appointing
authority shall, prior to the effective date of district board of health
formation, appoint district board of health members as specified in Iowa Code
section
137.105.
(5) The state board of health has
the authority to deny formation of a district board of health if the
application fails to conform with Iowa Code chapter 137 as amended by 2016 Iowa
Acts, Senate File 2159, or this chapter.
(6) The department will notify, in writing,
all local boards of health in the proposed district of the reason and rationale
for the denial of the district board of health formation within 30 days of the
decision.
(7) The local boards of
health in the proposed district shall have the right to request reconsideration
of the decision by submitting the request to the department within 30 days of
receiving notice of the decision.
(8) The state board of health shall
reconsider the request by the local boards of health at its next regularly
scheduled meeting. The reconsideration shall not constitute a contested case
hearing. The state board of health's final decision following reconsideration
shall constitute final agency action pursuant to Iowa Code section
17A.19, and
judicial review of any such decision shall be treated as other agency
action.
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.