The state fire marshal may deny, suspend or revoke the license
of a contractor, or assess a civil penalty to the contractor, if any provision
of these rules or any other provision of law related to operation as a fire
extinguishing system contractor is violated.
(1)
Denial. The state fire
marshal may deny an application for licensure for reasons including, but not
limited to:
a. If the applicant makes a false
statement on the application form or in any other submission of information
required for license. "False statement" means providing false information or
failing to include material information, such as a previous criminal conviction
or action taken by another jurisdiction, when requested on the application form
or otherwise in the application process.
b. If the applicant fails to meet all of the
requirements for licensure established in this chapter.
c. If the applicant is currently barred for
cause from acting as a fire extinguishing system contractor in another
jurisdiction.
d. If an applicant
has previously been barred for cause from operating in another jurisdiction as
a fire extinguishing system contractor and if the basis of that action reflects
upon the integrity of the applicant in operating as a fire extinguishing system
contractor. If an applicant is found to have been previously barred for cause
from operating as a fire extinguishing system contractor in another
jurisdiction and is no longer barred from doing so, the state fire marshal
shall evaluate the record of that action with regard to the likelihood that the
applicant would operate with integrity as a licensed contractor. If an
applicant is denied under this provision, the applicant shall be notified of
the specific reasons for the denial.
e. Conviction of a felony offense, if the
offense directly relates to the profession or occupation of the licensee, in
the courts of this state or another state, territory or country. "Conviction"
as used in this subrule includes a conviction of an offense which if committed
in this state would be a felony without regard to its designation elsewhere,
and includes a finding or verdict of guilt made or returned in a criminal
proceeding even if the adjudication of guilt is withheld or not entered. A
certified copy of the final order or judgment of conviction or plea of guilty
in this state or in another state constitutes conclusive evidence of the
conviction. If an applicant is denied under this provision, the applicant shall
be notified of the specific reasons for the denial.
f. Knowingly making misleading, deceptive,
untrue or fraudulent representations in the practice of the licensee's
profession or engaging in unethical conduct or practice harmful or detrimental
to the public. Proof of actual injury need not be established.
g. Willful or repeated violations of the
provisions of this chapter.
(2)
Suspension. A suspension
of a license may be imposed by the state fire marshal for any violation of
these rules or Iowa Code chapter 100C or for a failure to meet any legal
requirement to operate as a fire extinguishing system contractor in this state.
Failure to provide any notice to the state fire marshal as provided in these
rules shall be grounds for suspension. An order of suspension shall specify the
length of the suspension and shall specify that correction of all conditions
which were a basis for the suspension is a condition of reinstatement of the
license even after the period of the suspension.
(3)
Revocation. A revocation
is a termination of a license. A license may be revoked by the state fire
marshal for repeated violations or for a violation which creates an imminent
danger to the safety or health of individuals protected by a fire extinguishing
system incorrectly installed by a licensed
contractor or when information comes
to the attention of the state fire marshal which, if known to the state fire
marshal when the application was being considered, would have resulted in
denial of the license.
A new application for licensure from a contractor whose license
had previously been revoked shall not be considered for a period of one year
after the effective date of the revocation and, in any event, until every
condition which was a basis for the revocation has been corrected. The state
fire marshal may specify in the revocation order a longer period than one year
before a new application for licensure may be considered. When a new
application for licensure from a contractor whose license was previously
revoked is being considered, the applicant may be denied licensure based upon
the same information which was the basis for revocation even after any such
period established by the state fire marshal has expired.
(4)
Disqualifications for criminal
convictions limited.
a.
Notwithstanding any other provision of law to the contrary, a person's
conviction of a crime may be grounds for the denial, revocation, or suspension
of a license only if an unreasonable risk to public safety exists because the
offense directly relates to the duties and responsibilities of the profession
and the state fire marshal does not grant an exception pursuant to paragraph
275.9(4)"d."
b.
The state fire marshal shall provide a list of the specific convictions that
may disqualify an applicant from receiving a license. Any such offense shall be
an offense that directly relates to the duties and responsibilities of the
profession.
c. The state fire
marshal shall not deny an application for a license on the basis of an arrest
that was not followed by a conviction or based on a finding that an applicant
lacks good character, suffers from moral turpitude, or on another similar
basis.
d. The state fire marshal
shall grant an exception to an applicant who would otherwise be denied a
license due to a criminal conviction if the following factors establish by
clear and convincing evidence that the applicant is rehabilitated and an
appropriate candidate for licensure:
(1) The
nature and seriousness of the crime for which the applicant was
convicted.
(2) The amount of time
that has passed since the commission of the crime. There is a rebuttable
presumption that an applicant is rehabilitated and an appropriate candidate for
licensure five years after the date of the applicant's release from
incarceration, provided that the applicant was not convicted of sexual abuse in
violation of Iowa Code section
709.4, a sexually violent
offense as defined in Iowa Code section
229A.2, dependent adult abuse in
violation of Iowa Code section
235B.20, a forcible felony as
defined in Iowa Code section
702.11, or domestic abuse
assault in violation of Iowa Code section
708.2A, and the applicant has
not been convicted of another crime after release from incarceration.
(3) The circumstances relative to the
offense, including any aggravating and mitigating circumstances or social
conditions surrounding the commission of the offense.
(4) The age of the applicant at the time the
offense was committed.
(5) Any
treatment undertaken by the applicant.
(6) Whether a certificate of employability
has been issued to the applicant pursuant to Iowa Code section
906.19.
(7) Any letters of reference submitted on
behalf of the applicant.
(8) All
other relevant evidence of rehabilitation and present fitness of the
applicant.
e. An
applicant may petition the state fire marshal in writing as specified in
subrule 275.1(4) for a determination as to whether the applicant's criminal
record will prevent the applicant from receiving a license. The state fire
marshal shall issue such a determination within 30 days of receiving the
petition. The state fire marshal shall determine whether an applicant's
criminal record will prevent the applicant from receiving a license while
determining whether to deny an applicant's application on the basis of an
applicant's criminal conviction. The state fire marshal may charge a fee to
recoup the costs of such a determination, provided that such fee shall not
exceed $25.
f. When the state fire
marshal denies an applicant a license solely or partly because of the
applicant's prior conviction of a crime, the state fire marshal shall notify
the applicant in writing of all of the following:
(1) The grounds for the denial or
disqualification.
(2) That the
applicant has the right to a hearing to challenge the state fire marshal's
decision.
(3) The earliest date the
applicant may submit a new application.
(4) That evidence of rehabilitation of the
applicant may be considered upon reapplication.
g. A determination by the state fire marshal
that an applicant's criminal conviction is specifically listed as a
disqualifying conviction and the offense directly relates to the duties and
responsibilities of the applicant's profession must be documented in written
findings for each factor specified in paragraph 275.8(4)"d"
sufficient for a review by a court.
h. In any administrative or civil hearing
authorized by this rule or Iowa Code chapter 17A, the state fire marshal shall
carry the burden of proof on the question of whether the applicant's criminal
offense directly relates to the duties and responsibilities of the profession
for which the license is sought.
i.
The state fire marshal may require an applicant with a criminal record to
submit the applicant's complete criminal record detailing an applicant's
offenses with an application. The state fire marshal may also require an
applicant with a criminal record to submit a personal statement regarding
whether each offense directly relates to the duties and performance of the
applicant's occupation. For the purposes of this subrule, "complete criminal
record" includes the complaint and judgment of conviction for each offense of
which the applicant has been convicted.
(5)
Civil penalties. The
state fire marshal may impose a civil penalty of up to $500 per day during
which a violation has occurred and for every day until the violation is
corrected. A civil penalty may be imposed in lieu of or in addition to a
suspension or may be imposed in addition to a revocation. A civil penalty shall
not be imposed in lieu of a revocation.
(6)
Suspension or revocation for
nonpayment of child support. The following procedures shall apply to
actions taken by the department on a certificate of noncompliance received from
the Iowa department of human services pursuant to Iowa Code chapter 252J:
a. The notice required by Iowa Code section
252J. 8 shall be served upon the licensed contractor by restricted certified
mail, return receipt requested, or personal service in accordance with Iowa
Rule of Civil Procedure 1.305. Alternatively, the contractor may accept service
personally or through authorized counsel.
b. The effective date of revocation or
suspension of licensure of a contractor, as specified in the notice required by
Iowa Code section 252J.8, shall be 60 days
following service upon the contractor.
c. Contractors shall keep the state fire
marshal informed of all court actions and all child support recovery unit
actions taken under or in connection with Iowa Code chapter and shall provide
the state fire marshal with copies, within seven days of filing or issuance, of
all applications filed with the district court pursuant to Iowa Code section
252J.9, all court orders entered
in such actions, and withdrawals of certificates of noncompliance by the child
support recovery unit.
d. All
applicable fees for an application or reinstatement must be paid by the
contractor before a license will be issued, renewed, or reinstated after the
state fire marshal has denied the issuance or renewal of a license or has
suspended or revoked a license pursuant to Iowa Code chapter 252J.
e. In the event a contractor files a timely
district court action following service of a notice pursuant to Iowa Code
sections 252J.8 and
252J.9, the state fire marshal
shall continue with the intended action described in the notice upon the
receipt of a court order lifting the stay, dismissing the action, or otherwise
directing the department to proceed. For the purpose of determining the
effective date of revocation or suspension of the license, the department shall
count the number of days before the action was filed and the number of days
after the action was disposed of by the court.
f. Suspensions or revocations imposed
pursuant to this subrule may not be appealed administratively within the
department of public safety.
Note: The procedures established in subrule 275.8(6) implement
the requirements of Iowa Code chapter 252J. The provisions of Iowa Code chapter
252J establish mandatory requirements for an agency which administers a
licensure program, such as the one established in this chapter, and provide
that actions brought under these provisions are not subject to contested case
procedures established in Iowa Code chapter 17A, but must be appealed directly
to district court.
(7)
Suspension or revocation for
nonpayment of debts owed state or local government. The following
procedures shall apply to actions taken by the state fire marshal on a
certificate of noncompliance received from the Iowa department of revenue
pursuant to Iowa Code chapter 272D:
a. The
notice required by Iowa Code section
272D.3 shall be served upon the
licensee by regular mail.
b. The
effective date of revocation or suspension of a license, as specified in the
notice required by Iowa Code section
272D.3, shall be 20 days
following service upon the licensee.
c. Licensees shall keep the state fire
marshal informed of all court actions and centralized collection unit actions
taken under or in connection with Iowa Code chapter 272D and shall provide the
state fire marshal with copies, within seven days of filing or issuance, of all
applications filed with the district court pursuant to Iowa Code section
272D.9, all court orders entered
in such actions, and withdrawals of certificates of noncompliance by the
centralized collection unit.
d. All
applicable fees for an application or reinstatement must be paid by the
licensee before a license will be issued, renewed, or reinstated after the
state fire marshal has denied the issuance or renewal of a license or has
suspended or revoked a license pursuant to Iowa Code chapter 272D.
e. In the event the licensee files a timely
district court action following service of a notice pursuant to Iowa Code
section 272D.8, the state fire marshal
shall continue with the intended action described in the notice upon the
receipt of a court order lifting the stay, dismissing the action, or otherwise
directing the state fire marshal to proceed. For the purpose of determining the
effective date of revocation or suspension of the license, the state fire
marshal shall count the number of days before the action was filed and the
number of days after the action was disposed of by the court.
f. Suspensions or revocations imposed
pursuant to this subrule may not be appealed administratively to the state fire
marshal or within the department of public safety.
Note: The procedures established in subrule 275.8(7) implement
the requirements of Iowa Code chapter 272D. The provisions of Iowa Code chapter
272D establish mandatory requirements for an agency which administers a
licensing program, such as the one established in this chapter, and provide
that actions brought under these provisions are not subject to contested case
procedures established in Iowa Code chapter 17A but must be appealed directly
to district court.
(8)
Appeals. Any denial,
suspension, or revocation of a license, or any civil penalty imposed upon a
licensed
contractor under this rule, other than one imposed pursuant to subrule
275.8(6) or 275.8(7), may be appealed by the
contractor within 14 days of
receipt of the notice. Appeals of actions taken by the state fire marshal under
this rule shall be to the commissioner of public safety and shall be treated as
contested cases, following the procedures established in rules
661-10.301 (17A) through
661-10.332 (17A).