Iowa Admin. Code rr. 661-276.6 - Denial, suspension, or revocation of licensure; civil penalties; appeals
If a licensee or person who performs work requiring a license violates any provision of these rules or any other provision of law related to work requiring licensure pursuant to this chapter, the department may deny, suspend or revoke a license or assess a civil penalty to a licensee or to a person who performs work requiring licensure pursuant to this chapter and who is not licensed.
(1)
Denial. The department may deny an application for licensure:
a. If the applicant makes a false statement
on the application form or in any other submission of information required for
licensure. "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 licensure equivalent to that provided for in this chapter in another
jurisdiction.
d. If an applicant
has previously been barred for cause from operating in another jurisdiction as
a fire protection system installer and maintenance worker and if the basis of
that action reflects upon the integrity of the applicant in operating as a fire
protection system installer and maintenance worker. If an applicant is found to
have been previously barred for cause from operating as a fire protection
system installer and maintenance worker in another jurisdiction and is no
longer barred from doing so, the department will evaluate the record of that
action with regard to the likelihood that the applicant would operate with
integrity as a licensee. If an applicant is denied licensure under this
paragraph, the applicant will 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 that
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 licensure under this paragraph, the
applicant will 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 department for any violation of these rules
or Iowa Code chapter 100D or for a failure to meet any legal requirement to
operate as a fire protection system installer and maintenance worker in this
state. Failure to provide any notice to the department as required by these
rules may be grounds for suspension. An order of suspension will specify the
length of the suspension and will specify that correction of all conditions
that were a basis for the suspension is a condition of reinstatement of the
license even after the period of the suspension.
(3)
Revocation.
a. A revocation is a termination of a
license. A license may be revoked by the department for repeated violations or
for a violation which creates an imminent danger to the safety or health of
individuals protected by a fire protection system incorrectly installed by a
licensee or when information comes to the attention of the department which, if
known to the department when the application was being considered, would have
resulted in denial of the license.
b. A new application for a license from an
applicant whose license has previously been revoked will not be considered for
a period of one year after the effective date of the revocation and, in any
event, until every condition that was a basis for the revocation has been
corrected. The department may specify in the revocation order a period longer
than one year before a new application for a license may be considered. When a
new application for a license from a person whose license was previously
revoked is being considered, the applicant may be denied a license based upon
the same information that was the basis for revocation even after any such
period established by the department has expired.
(4)
Disqualifications for criminal
convictions limited. A person's conviction of a crime may be grounds
for the denial, revocation, or suspension of a license in circumstances
authorized by Iowa Code section
272C.15.
(5)
Civil penalties. The
department 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 will not be imposed in
lieu of a revocation.
(6)
Appeals. Any denial, suspension, or revocation of a license,
or any civil penalty imposed upon a licensee or other person under this rule
may be appealed within 14 days of receipt of the notice by submitting a written
request for a contested case appeal to the department. An appeal is subject to
the provisions of 481-Chapters 9 and 10 governing contested cases.
Notes
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