Iowa Admin. Code r. 645-9.5 - Issuance of investigatory subpoenas
(1) The board
administrator or designee may, upon the written request of a board investigator
or on the administrator's own initiative, subpoena books, papers, records, and
other real evidence that is necessary for the board to decide whether to
institute 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 a motion to quash or
modify the subpoena to be filed;
e.
The signature, address and telephone number of the board administrator 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 accompanied by a legal brief or factual
affidavits, within 14 days after service of the subpoena.
(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 aggrieved by a ruling of an
administrative law judge who desires to challenge that ruling must appeal the
ruling to the board by serving on the board administrator, either in person,
via 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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