Iowa Admin. Code r. 657-35.31 - Final decision
(1)
Contents. A final decision of the board shall include findings
of fact and conclusions of law. When the board presides over the reception of
the evidence at the hearing, its decision is a final decision.
(2)
Hearing fee and costs.
The board may charge a hearing fee and assess other costs to the licensee for
conducting a disciplinary hearing which results in disciplinary action taken
against the licensee by the board in accordance with 657-subrule
36.10(2).
(3)
Method of
service. Final decisions shall be served on the respondent or
applicant using one of the following methods:
a. Personal service, as provided in the Iowa
Rules of Civil Procedure.
b.
Certified mail, return receipt requested.
c. Signed acknowledgment accepting
service.
d. When service cannot be
accomplished using the above methods:
(1) An
affidavit shall be prepared outlining the measures taken to attempt service;
and
(2) The final decision shall be
published once each week for three consecutive weeks in a newspaper of general
circulation, published or circulated in the county of last-known residence of
the respondent.
e. If
the respondent or applicant is represented by an attorney, the final decision
shall be mailed to the attorney. The attorney may waive the requirement to
serve the respondent or applicant through a written acknowledgment that the
attorney is accepting service on behalf of the client. The state shall be
served by first-class mail or state interoffice mail.
(4)
Public record. A final
decision is a permanent public record open for inspection under Iowa Code
chapter 22, in accordance with Iowa Code section
272C.6(4).
Notes
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