Iowa Code r. 875-61.7 - Procedures for revocation, suspension, or denial of an application certificate or amusement inspection sticker

The procedures set forth in this rule govern the revocation, suspension or denial of an operating permit or amusement inspection sticker.

(1) If the commissioner initiates revocation, suspension or denial due to the receipt of a certificate of noncompliance, the applicable procedures of Iowa Code chapter 252J or 272D shall apply.

(2) In the event that immediate action is required due to imminent danger to the public health, safety or welfare, the following procedures shall apply:

a. The commissioner shall prepare a safety order describing the hazardous condition and shall give the operator, or the operator's representative on site, a copy of the safety order.

b. The commissioner shall remove the amusement inspection sticker or stickers from covered equipment as necessary to protect the public health, safety or welfare.

c. The commissioner shall proceed as quickly as feasible to give the operator an opportunity for a hearing as set forth in subrule 61.7(3).

(3) In all other cases, the following procedures shall apply:

a. The commissioner shall serve a notice by restricted certified mail to the address listed on the operating permit application or by other service as permitted by Iowa Code chapter 17A.

b. The operator shall have 20 days to file a written notice of contest with the commissioner. If the operator does not file a written notice of contest within 20 days of receipt of the notice, the action stated in the notice shall automatically be effective.

c. The hearing procedures in 875-Chapter 1 shall govern.

d. Within five business days of final agency action revoking or suspending an operating permit, the operator shall forfeit the operating permit to the commissioner.

Notes

Iowa Code r. 875-61.7

ARC 2428C, IAB 3/2/16, effective 4/6/16; see Delay note at end of chapter; ARC 5159C, IAB 8/26/20, effective 9/30/20

Adopted by IAB March 2, 2016/Volume XXXVIII, Number 18, effective 4/6/2016 Amended by IAB August 26, 2020/Volume XLIII, Number 5, effective 9/30/2020 Adopted by IAB January 22, 2025/Volume XLVII, Number 15, effective 2/26/2025