Current through Register Vol. 47, No. 13, December 25, 2024
(1)
License application. Unless an applicant for licensure
petitions the board for an eligibility determination, the applicant's
convictions will be reviewed when the board receives a completed license
application.
a.
Full disclosure
required. An applicant must disclose all convictions on a license
application. Failure to disclose all convictions is grounds for license denial
or disciplinary action following license issuance.
b.
Documentation and personal
statement. An applicant with one or more convictions must submit the
complete criminal record for each conviction and a personal statement regarding
whether each conviction directly relates to the practice of the profession in
order for the license application to be considered complete.
c.
Rehabilitation. An
applicant must as part of the license application submit all evidence of
rehabilitation that the applicant wishes to be considered by the board. The
board may deny a license if the applicant has a disqualifying offense, unless
the applicant demonstrates by clear and convincing evidence that the applicant
is rehabilitated pursuant to Iowa Code section
272C.15.
An applicant with one or more disqualifying offenses who has been found
rehabilitated must still satisfy all other requirements for
licensure.
d.
Nonrefundable
fees. Any application fees will not be refunded if the license is
denied.
(2)
Eligibility determination. An individual who has not yet
submitted a completed license application may petition the board for an
eligibility determination. An individual with a conviction is not required to
petition the board for an eligibility determination before applying for a
license. To petition the board for an eligibility determination, a petitioner
must submit all of the following:
a. A
completed eligibility determination form, which is available on the board's
website;
b. The complete criminal
record for each of the petitioner's convictions;
c. A personal statement regarding whether
each conviction directly relates to the practice of the profession and why the
board should find the petitioner is rehabilitated;
d. All evidence of rehabilitation that the
petitioner wants the board to consider; and
e. Payment of a nonrefundable fee in the
amount of $25.
(3)
Appeal. A petitioner found ineligible or an applicant denied a
license because of a disqualifying offense may appeal the decision in the
manner and time frame set forth in the board's written decision. A timely
appeal will initiate a nondisciplinary contested case proceeding. The board's
rules governing nondisciplinary contested case proceedings apply unless
otherwise specified in this rule. If the petitioner fails to timely appeal, the
board's written decision will become a final order.
a.
Presiding officer. The
presiding officer will be the board. However, any party to an appeal of a
license denial or ineligibility determination may file a written request, in
accordance with rule 641-33.10 (17A), requesting that
the presiding officer be an administrative law judge. Additionally, the board
may, on its own motion, request that an administrative law judge be assigned to
act as presiding officer. An administrative law judge assigned to act as
presiding officer in a nondisciplinary contested case proceeding under this
rule must possess a juris doctorate degree. When an administrative law judge
serves as the presiding officer, the decision rendered will be a proposed
decision.
b.
Burden. The office of the attorney general shall represent the
board's initial ineligibility determination or license denial and shall have
the burden of proof to establish that the petitioner's or applicant's
convictions include at least one disqualifying offense. Upon satisfaction of
this burden by a preponderance of the evidence by the office of the attorney
general, the burden of proof shall shift to the petitioner or applicant to
establish rehabilitation by clear and convincing evidence.
c.
Judicial review. A
petitioner or applicant must appeal an ineligibility determination or a license
denial in order to exhaust administrative remedies. A petitioner or applicant
may only seek judicial review of an ineligibility determination or license
denial after the issuance of a final order following a contested case
proceeding. Judicial review of the final order following a contested case
proceeding shall be in accordance with Iowa Code chapter
17A.
(4)
Future
petitions or applications. If a final order determines a petitioner is
ineligible, the petitioner may not submit a subsequent petition for eligibility
determination or a license application prior to the date specified in the final
order. If a final order denies a license application, the applicant may not
submit a subsequent license application or a petition for eligibility
determination prior to the date specified in the final order.
