(1)
Definitions. As used in
this chapter in relation to a formal disciplinary action filed by the board
against a licensee or registrant:
"Deposition " means the testimony of a person
pursuant to subpoena or at the request of the state of Iowa taken in a setting
other than a hearing.
"Expenses " means costs incurred by persons
appearing pursuant to subpoena or at the request of the state of Iowa for
purposes of providing testimony on the part of the state of Iowa in a hearing
or other official proceeding and shall include mileage reimbursement at the
rate specified in Iowa Code section
70A.9
or, if commercial air or ground transportation is used, the actual cost of
transportation to and from the proceeding. Also included are actual costs
incurred for meals and necessary lodging.
"Medical examination fees" means actual costs
incurred by the board in a physical, mental, chemical abuse, or other
impairment-related examination or evaluation of a licensee or registrant when
the examination or evaluation is conducted pursuant to an order of the
board.
"Transcript" means a printed verbatim
reproduction of everything said on the record during a hearing or other
official proceeding.
"Witness fees " means compensation paid by the
board to persons appearing pursuant to subpoena or at the request of the state
of Iowa, for purposes of providing testimony on the part of the state of Iowa.
For the purposes of this rule, compensation shall be the same as outlined in
Iowa Code section
622.69 or
622.72 as
the case may be.
(2)
Hearing
fee and recoverable costs. The
board may charge a fee not to exceed
$75 for conducting a disciplinary hearing that results in disciplinary action
taken by the
board against the
license or registration. In addition to the fee,
the
board may recover from the
licensee or registrant costs for the following
procedures and personnel:
a.
Transcript.
b. Witness fees and
expenses.
c. Depositions.
d. Medical examination fees incurred relating
to a person licensed or registered under Iowa Code chapter 147 or
169.
(3)
Fees,
costs are part of disciplinary order. Fees and costs assessed by the
board pursuant to subrule 36.18(2) shall be calculated by the board's executive
director and shall be entered as part of the board's final disciplinary order.
The board's final disciplinary order shall specify the time period in which the
licensee or registrant shall pay the assessed fees and costs.
(4)
Board treatment of collected
fees, costs. Fees and costs collected by the board pursuant to subrule
36.18(2) shall be allocated to the expenditure category of the board in which
the hearing costs were incurred. The fees and costs shall be considered
repayment receipts as defined in Iowa Code section
8.2.
(5)
Failure to pay assessed fees,
costs. Failure of a licensee or registrant to pay the fees and costs
assessed herein within the time period specified in the board's final
disciplinary order shall constitute a violation of a lawful order of the
board.
