Iowa Admin. Code r. 657-35.35 - Emergency adjudicative proceedings
(1)
Necessary emergency
action. To the extent necessary to prevent or avoid immediate danger
to the public health, safety, or welfare, the board may issue a written order
in compliance with Iowa Code section
17A.18A
to suspend a license in whole or in part, order the cessation of any continuing
activity, order affirmative action, or take other action within the
jurisdiction of the board by emergency adjudicative order. Before issuing an
emergency adjudicative order, the board shall consider factors including, but
not limited to, the following:
a. Whether
there has been a sufficient factual investigation to ensure that the board is
proceeding on the basis of reliable information;
b. Whether the specific circumstances that
pose immediate danger to the public health, safety, or welfare have been
identified and determined to be continuing;
c. Whether the person required to comply with
the emergency adjudicative order may continue to engage in other activities
without posing immediate danger to the public health, safety, or
welfare;
d. Whether imposition of
monitoring requirements or other interim safeguards would be sufficient to
protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
by the board is necessary to avoid the immediate danger.
(2)
Issuance of order.
a. An emergency adjudicative order shall
contain findings of fact, conclusions of law, and policy reasons to justify the
determination of an immediate danger in the agency's decision to take immediate
action.
b. The written emergency
adjudicative order shall be immediately served on persons who are required to
comply with the order by utilizing one or more of the following procedures:
(1) Personal service, as provided in the Iowa
Rules of Civil Procedure; or
(2)
Certified restricted mail, return receipt requested; or
(3) Signed acknowledgment accepting
service.
c. To the
degree practicable, the board shall select the procedure for providing written
notice that best ensures prompt, reliable delivery.
(3)
Notice. Unless the
written emergency adjudicative order is provided by personal delivery on the
same day that the order issues, the board shall make reasonable immediate
efforts to contact by telephone and electronic mail the persons who are
required to comply with the order.
(4)
Completion of
proceedings. Issuance of a written emergency adjudicative order shall
include notification of the date on which board proceedings are scheduled for
hearing. After issuance of an emergency adjudicative order, the licensee
subject to the emergency adjudicative order may request a continuance of the
hearing at any time by filing a request with the board. The state may only file
a request for a continuance in compelling circumstances. Nothing in this
subrule shall be construed to eliminate the opportunity to resolve the matter
with a settlement agreement.
(5)
Public record. An emergency adjudicative order is a permanent
public record open for inspection under Iowa Code chapter 22.
Notes
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