Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Emergency action. To the extent necessary to prevent or avoid
immediate danger to the public health, safety, or welfare, and consistent with
the Constitution and other provisions of law, the board may issue a written
order in compliance with Iowa Code section
17A.18A to suspend a license in
whole or in part, order the cessation of any continuing activity, order
affirmative action, or take other action within the jurisdiction of the board
by emergency adjudicative order. Before issuing an emergency adjudicative
order, the board will consider factors including, but not limited to, the
following:
a. Whether there has been a
sufficient factual investigation to ensure that the board is proceeding on the
basis of reliable information;
b.
Whether the specific circumstances which pose immediate danger to the public
health, safety, or welfare have been identified and determined to be
continuing;
c. Whether the person
required to comply with the emergency adjudicative order may continue to engage
in other activities without posing immediate danger to the public health,
safety, or welfare;
d. Whether
imposition of monitoring requirements or other interim safeguards would be
sufficient to protect the public health, safety, or welfare; and
e. Whether the specific action contemplated
by the board is necessary to avoid the immediate danger.
(2)
Issuance of order.
a. An emergency adjudicative order shall
contain findings of fact, conclusions of law, and policy reasons to justify the
determination of an immediate danger and the board's decision to take immediate
action. The order is an open record.
b. The written emergency adjudicative order
will be immediately delivered to the person who is required to comply with the
order, by utilizing one or more of the following procedures:
(1) Personal delivery;
(2) Certified mail, return receipt requested,
to the last address on file with the board;
(3) Certified mail to the last address on
file with the board;
(4) Facsimile,
which may be used as the sole method of delivery if the person required to
comply with the order has filed a written request that board orders be sent by
facsimile and has provided a facsimile number for that purpose.
c. To the degree practicable, the
board will select the procedure for providing written notice that best ensures
prompt, reliable delivery.
(3)
Oral notice. Unless the
written emergency adjudicative order is provided by personal delivery on the
same day that the order is issued, the board will make reasonable immediate
efforts to contact by telephone the person who is required to comply with the
order.
(4)
Completion of
proceedings. After the issuance of an emergency adjudicative order,
the board will proceed as quickly as feasible to complete any proceedings that
would be required if the matter did not involve an immediate danger.
a. Issuance of a written emergency
adjudicative order shall include notification of the date on which board
proceedings are scheduled for hearing.
b. After issuance of an emergency
adjudicative order, continuance of further board proceedings to a later date
will be granted only in compelling circumstances upon written application
unless the person required to comply with the order is the party requesting the
continuance.
