Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Who may initiate. The
following entities may initiate a complaint:
a. Licensed practitioners.
b. Recognized educational entities or local
or state professional organizations.
c. Local boards of education.
d. Parents or guardians of students involved
in the alleged complaint.
e. The
executive director of the board of educational examiners if the following
circumstances have been met:
(1) The executive
director receives information that a practitioner:
1. Has been convicted of a felony criminal
offense, or a misdemeanor criminal offense wherein the victim of the crime was
18 years of age or younger, and the executive director expressly determines
within the complaint that the nature of the offense clearly and directly
impacts the practitioner's fitness or ability to retain the specific license(s)
or authorization(s) which the practitioner holds; or
2. Has been the subject of a founded report
of child abuse placed upon the central registry maintained by the department of
human services pursuant to Iowa Code section 232.71D and the executive director
expressly determines within the complaint that the nature of the offense
clearly and directly impacts the practitioner's fitness or ability to retain
the specific license(s) or authorization(s) which the practitioner holds;
or
3. Has not met a reporting
requirement stipulated by Iowa Code section 256.160, Iowa Code section 279.43,
281-subrule 102.11(2), 282-Chapter 11, or 282-Chapter 25; or
4. Has falsified a license or authorization
issued by the board; or
5. Has
submitted false information on a license or authorization application filed
with the board; or
6. Does not hold
the appropriate license for the assignment for which the practitioner is
currently employed; or
7. Has
assigned another practitioner to perform services for which the practitioner is
not properly licensed; or
8. Has
failed to comply with a board order as prohibited by 282-paragraph
25.3(7)"c"; and
(2) The executive director verifies the
information or the alleged misconduct through review of official records
maintained by the board, a court, the department of human services registry of
founded child abuse reports, the practitioner licensing authority of another
state, the department of education, the local school district, area education
agency, or authorities in charge of the nonpublic school, or the executive
director is presented with the falsified license; and
(3) No other complaint has been
filed.
f. The department
of transportation if the licensee named in the complaint holds a
behind-the-wheel instructor's certification issued by the department and the
complaint relates to an incident or incidents arising during the course of
driver's education instruction.
g.
An employee of the department of education who, while performing official
duties, becomes aware of any alleged misconduct by an individual licensed under
Iowa Code section 256.146.
(2)
Form and content of the
complaint.
a. The complaint shall be
in writing and signed by at least one complainant who has personal knowledge of
an alleged violation of the board's rules or related state law or an authorized
representative if the complainant is an organization. (An official form may be
used. This form may be obtained from the board upon request.)
b. The complaint shall show venue as "BEFORE
THE BOARD OF EDUCATIONAL EXAMINERS" and shall be captioned
"COMPLAINT."
c. The complaint shall
contain the following information:
(1) The
full name, address and telephone number of the complainant.
(2) The full name, address and telephone
number, if known, of the respondent.
(3) A concise statement of the facts which
clearly and specifically apprises the respondent of the details of the alleged
violation of the criteria of professional practices or the criteria of
competent performance and the relief sought by the complainant.
(4) An explanation of the basis of the
complainant's personal knowledge of the facts underlying the
complaint.
(5) A citation to the
specific rule or law which the complainant alleges has been violated.
(3)
Required
copies-place and time of filing the complaint.
a. A copy of the complaint must be filed with
the board.
b. The complaint must be
delivered personally or by mail to the office of the board. The current office
address is 701 East Court Avenue, Suite A, Des Moines, Iowa 50309.
c. Timely filing is required in order to
ensure the availability of witnesses and to avoid initiation of an
investigation under conditions which may have been significantly altered during
the period of delay. The conduct upon which it is based must have occurred or
been discovered by the complainant within three years of filing of the
complaint unless good cause is shown for an extension of this
limitation.
(4)
Amendment or withdrawal of complaint. A complaint or any
specification thereof may be amended or withdrawn by the complainant at any
time, unless the complaint was filed in accordance with the mandatory reporting
requirements set forth in Iowa Code section 256.160(1). The parties to a
complaint may mutually agree to the resolution of the complaint at any time in
the proceeding prior to issuance of a final order by the board. The resolution
must be committed to a written agreement and filed with the board. The
agreement is not subject to approval by the board, but shall be acknowledged by
the board and may be incorporated into an order of the board.
(5)
Respondent entitled to copy of
the complaint. Immediately upon the board's determination that
jurisdictional requirements have been met, the respondent shall be provided a
copy of the complaint or amended complaint and any supporting documents
attached to the complaint at the time of filing.
(6)
Voluntary surrender of
license-agreement to accept lesser sanction. A practitioner may
voluntarily surrender the practitioner's license or agree to accept a lesser
sanction from the board prior to or after the filing of a complaint with the
board without admitting the truth of the allegations of the complaint if a
complaint is on file with the board. In order to voluntarily surrender a
license or submit to a sanction, the practitioner must waive the right to
hearing before the board and notify the board of the intent to surrender or
accept sanction. The board may issue an order permanently revoking the
practitioner's license if it is surrendered, or implementing the agreed upon
sanction. The board may decline to issue an agreed upon sanction if, in the
board's judgment, the agreed upon sanction is not appropriate for the
circumstances of the case.
(7)
Investigation of license reports.
a. Reports received by the board from another
state, territory or other jurisdiction concerning licenses or certificate
revocation or suspension shall be reviewed and investigated by the board in the
same manner as is prescribed in these rules for the review and investigation of
written complaints.
b. Failure to
report a license revocation, suspension or other disciplinary action taken by
licensing authority of another state, territory or jurisdiction within 30 days
of the final action by such licensing authority shall constitute cause for
initiation of an investigation.
(8)
Timely resolution of
complaints. Complaints filed with the board must be resolved within
180 days unless good cause can be shown for an extension of this limitation.
The board will provide notice to the parties to a complaint prior to taking
action to extend this time limitation upon its own motion.
(9)
Confidentiality. All
complaint files, investigation files, other investigation reports, and other
investigation information in the possession of the board or its employees or
agents, which relate to licensee discipline, are privileged and confidential,
and are not subject to discovery, subpoena, or other means of legal compulsion
for their release to a person other than the respondent and the board and its
employees and agents involved in licensee discipline, and are not admissible in
evidence in a judicial or administrative proceeding other than the proceeding
involving licensee discipline. However, investigative information in the
possession of the board or its employees or agents that is related to licensee
discipline may be disclosed to appropriate licensing authorities within this
state, the appropriate licensing authorities in another state, the District of
Columbia, or a territory or country in which the licensee is licensed or has
applied for a license. Records related to written complaints shall be collected
and retained and shall be evaluated if a similar complaint has been filed
against the same licensed practitioner. A finding of probable cause, a final
written decision, and a finding of fact by the board in a disciplinary
proceeding constitute a public record.
