Current through Register Vol. 46, No. 19, March 20, 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 shall 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
shall 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 shall 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 shall 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 shall 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.
