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 shall be made
directly to the board.
(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 decision,
the appealing party shall 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 under 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 include, but are not limited to, the cost of an expert
witness and the cost involved in telephone testimony. The costs for lay
witnesses are guided by Iowa Code section
622.69. The cost for expert
witnesses is guided by Iowa Code section
622.72. Mileage costs are not
guided 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
service 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 shall include a reasonable expert witness
fee. The expert witness fee shall not exceed the expert's customary hourly or
daily rate, and shall include the time spent in travel to and from the
deposition but exclude time spent in preparation for the deposition.
(2) When imposed at 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 must 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 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 until the end of
the sixth month after the date the state of Iowa paid the expenditures to
assess the licensee for such expenditures. In order for the board to rely on
this provision, however, the final disciplinary order must 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 is deemed a failure to exhaust administrative remedies. Orders
imposing fees, costs, or expenses will notify the licensee of the time frame in
which objections must be filed in order to exhaust administrative
remedies.
(4) Fees, costs, and
expenses assessed by the board pursuant to this rule are allocated to the
expenditure category in which the disciplinary procedure or hearing was
incurred. The fees, costs, and expenses are considered repayment of 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
constitutes a violation of an order of the board, is grounds for discipline,
and is 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.
