Current through Register Vol. 47, No. 6, September 18, 2024
The board may assess the licensee certain fees and expenses
relating to a disciplinary hearing only if the board finds that the licensee
has violated a statute or rule enforced by the board. Payment will be made
directly to the professional licensing and regulation bureau of the department
of inspections, appeals, and licensing pursuant to rule
193-2.1 (272C).
(1) The board may assess the following costs
under this rule:
a. For conducting a
disciplinary hearing, an amount not to exceed $75.
b. All applicable costs involved in the
transcript of the hearing or other proceedings in the contested case including
but not limited to the services of the court reporter at the hearing,
transcription, duplication, and postage or delivery costs. In the event of an
appeal to the full board from a proposed panel decision, the appealing party
will timely request and pay for the transcript necessary for use in the board
appeal process. The board may assess the transcript cost against the licensee
pursuant to Iowa Code section
272C.6(6) or
against the requesting party pursuant to Iowa Code section
17A.12(7), as
the board deems equitable in the circumstances.
c. All normally accepted witness expenses and
fees for a hearing or the taking of depositions, as incurred by the state of
Iowa. These costs will include but not be limited to the cost of an expert
witness and the cost involved in telephone testimony. The costs for lay
witnesses will be guided by Iowa Code section
622.69. The cost for expert
witnesses will be guided by Iowa Code section
622.72. Mileage costs will not
be governed by Iowa Code section
625.2. The provisions of Iowa
Code section 622.74 regarding advance payment of witness fees and the
consequences of failure to make such payment are applicable with regard to any
witness who is subpoenaed by either party to testify at hearing. Additionally,
the board may assess travel and lodging expenses for witnesses at a rate not to
exceed the rate applicable to state employees on the date the expense is
incurred.
d. All normally
applicable costs incurred by the state of Iowa involved in depositions,
including but not limited to the services of the court reporter who records the
deposition, transcription, duplication, and postage or delivery costs. When a
deposition of an expert witness is taken, the deposition cost will include a
reasonable expert witness fee. The expert witness fee will not exceed the
expert's customary hourly or daily rate, and will include the time spent in
travel to and from the deposition but exclude time spent in preparation for the
deposition.
(2) When
imposed in the board's discretion, hearing fees (not exceeding $75) will be
assessed in the final disciplinary order. Costs and expenses assessed pursuant
to this rule will be calculated and, when possible, entered into the final
disciplinary order specifying the amount to be reimbursed and the time period
in which the amount assessed will need to be paid by the licensee.
a. When it is impractical or not possible to
include in the disciplinary order the exact amount of the assessment and time
period in which to pay in a timely manner, or if the expenditures occur after
the disciplinary order is issued, the board, by a majority vote of the members
present, may assess through separate order the amount to be reimbursed and the
time period in which payment is to be made by the licensee.
b. If the assessment and the time period are
not included in the disciplinary order, the board will have to the end of the
sixth month after the date the state of Iowa paid the expenditures to assess
the licensee for such expenditure. In order to rely on this provision, however,
the final disciplinary order will need to notify the licensee that fees and
expenses will be assessed once known.
(3) Any party may object to the fees, costs
or expenses assessed by the board by filing a written objection within 20 days
of the issuance of the final disciplinary decision, or within 10 days of any
subsequent order establishing the amount of the assessment. A party's failure
to timely object will be deemed a failure to exhaust administrative remedies.
Orders that impose fees, costs or expenses will notify the licensee of the time
frame in which objections will need to be filed in order to exhaust
administrative remedies.
(4) Fees,
costs, and expenses assessed by the board pursuant to this rule will be
allocated to the expenditure category in which the disciplinary procedure of
hearing was incurred. The fees, costs, and expenses will be considered
repayment receipts as defined in Iowa Code section
8.2.
(5) The failure to comply with payment of the
assessed costs, fees, and expenses within the time specified by the board will
constitute a violation of an order of the board, be grounds for discipline, and
be considered prima facie evidence of a violation of Iowa Code section
272C.3(2)
"a." However, no action may be taken against the licensee
without the opportunity for hearing as provided in this chapter.
