Iowa Code r. 481-905.6 - Requests for hearings
(1)
Nonlicensees must request a hearing within 30 days of the date the notice is
received if served through restricted certified mail, or within 30 days of the
date of service if service is accepted or made in accordance with Iowa R. Civ.
P. 1.305. A request for hearing must be in writing and is deemed made on the
date of the nonmetered United States Postal Service postmark or the date of
personal service.
(2) If a request
for hearing is not timely made, the board chairperson or the chairperson's
designee may issue an order imposing the civil penalty and requiring compliance
with Iowa Code chapter 156, as described in the notice. The order may be mailed
by regular first-class mail or served in the same manner as the notice of
intent to impose civil penalty.
(3)
If a request for hearing is timely made, the board will issue a notice of
hearing and conduct a contested case hearing in the same manner as applicable
to disciplinary cases against licensees.
(4) A nonlicensed person who fails to timely
request a contested case hearing will have failed to exhaust "adequate
administrative remedies" as that term is used in Iowa Code section
17A.19(1).
(5) A nonlicensed person who is aggrieved or
adversely affected by the board's final decision following a contested case
hearing may seek judicial review as provided in Iowa Code section
17A.19.
(6) A nonlicensee may waive the right to
hearing and all attendant rights and enter into a consent order imposing a
civil penalty and requiring compliance with Iowa Code chapter 156 at any stage
of the proceeding upon mutual consent of the board.
(7) The notice of intent to issue an order
and the order are public records available for inspection and copying in
accordance with Iowa Code chapter 22. Copies may be published as provided in
rule 481-506.30 (272C). Hearings will
be open to the public.
Notes
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