(1)
Definitions.
"Complete criminal record" includes the
complaint and judgment of conviction for each offense of which the applicant
has been convicted, regardless of whether the offense is classified as a felony
or a misdemeanor and regardless of the jurisdiction in which the offense
occurred.
"Conviction" means a finding, plea, or verdict
of guilt made or returned in a criminal proceeding, even if the adjudication of
guilt is deferred, withheld, or not entered. "Conviction" includes Alford pleas
and pleas of nolo contendere.
"Disqualifying offense" means a conviction
directly related to the duties and responsibilities of the profession. A
conviction is directly related to the duties and responsibilities of the
profession if either (1) the actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of a licensed
profession, or (2) the circumstances under which an offense was committed are
circumstances customary to a licensed profession.
"License" means a license issued by the
board.
(2)
License
application. Unless an applicant for licensure petitions the board for
an eligibility determination pursuant to subrule 3.11(3), the applicant's
convictions will be reviewed when the board receives a completed license
application.
a. An applicant must disclose
all convictions on a license application. Failure to disclose all convictions
is grounds for license denial or disciplinary action following license
issuance.
b. In order for the
license application to be considered complete, an applicant with one or more
convictions shall submit the complete criminal record for each conviction and a
personal statement regarding whether each conviction directly relates to the
duties and responsibilities of the profession.
c. An applicant must submit as part of the
license application all evidence of rehabilitation that the applicant wishes to
be considered by the board.
d. The
board may deny a license if the applicant has a disqualifying offense, unless
the applicant demonstrates by clear and convincing evidence that the applicant
is rehabilitated pursuant to Iowa Code section
272C.15.
e. An applicant with one or more
disqualifying offenses who has been found rehabilitated must still satisfy all
other requirements for licensure.
f. Any application fees paid will not be
refunded if the license is denied.
(3)
Eligibility
determination.
a. An individual who
has not yet submitted a completed license application may petition the board
for a determination of whether one or more of the individual's convictions are
disqualifying offenses that would render the individual ineligible for
licensure. An individual with a conviction is not required to petition the
board for an eligibility determination prior to applying for
licensure.
b. To petition the board
for an eligibility determination of whether one or more of the petitioner's
convictions are disqualifying offenses, a petitioner shall submit all of the
following:
(1) A completed eligibility
determination form;
(2) The
complete criminal record for each of the petitioner's convictions;
(3) A personal statement regarding whether
each conviction directly relates to the duties and responsibilities of the
profession and why the board should deem the petitioner
rehabilitated;
(4) All evidence of
rehabilitation that the petitioner wishes to be considered by the board;
and
(5) Payment of a nonrefundable
fee of $25.
(4)
Appeal. A petitioner
deemed ineligible or an applicant denied a license because of a disqualifying
offense may appeal the decision in the manner and time frame set forth in the
board's written decision. A timely appeal will initiate a nondisciplinary
contested case proceeding. The board's rules governing contested case
proceedings will apply unless otherwise specified in this rule. If the
petitioner or applicant fails to timely appeal, the board's written decision
will become a final order.
a. An
administrative law judge will serve as the presiding officer of the
nondisciplinary contested case proceeding unless the board elects to serve as
the presiding officer. When an administrative law judge serves as the presiding
officer, the decision rendered shall be a proposed decision.
b. The contested case hearing shall be closed
to the public, and the board's review of a proposed decision shall occur in
closed session.
c. The office of
the attorney general shall represent the board's initial ineligibility
determination or license denial and shall have the burden of proof to establish
that the petitioner's or applicant's convictions include at least one
disqualifying offense. Upon the satisfaction of this burden by a preponderance
of the evidence by the office of the attorney general, the burden of proof
shall shift to the petitioner or applicant to establish rehabilitation by clear
and convincing evidence.
d. A
petitioner or applicant must appeal an ineligibility determination or license
denial in order to exhaust administrative remedies. A petitioner or applicant
may only seek judicial review of an ineligibility determination or license
denial after the issuance of a final order following a contested case
proceeding. Judicial review of the final order following a contested case
proceeding shall be in accordance with Iowa Code chapter 17A.
(5)
Future petitions or
applications. If a final order determines a petitioner is ineligible,
the petitioner may not submit a subsequent petition for eligibility
determination or a license application prior to the date specified in the final
order. If a final order denies a license application, the applicant may not
submit a subsequent license application or a petition for eligibility
determination prior to the date specified in the final order.
