Current through Register Vol. 46, No. 19, March 20, 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 Plumbing and Mechanical Systems 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 shall include, but not be limited to, the cost of an expert
witness and the cost involved in telephone testimony. The costs for lay
witnesses shall be guided by Iowa Code section
622.69. The cost for
expert witnesses shall be guided by Iowa Code section
622.72.
Mileage costs shall not be 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) shall be assessed in the final
disciplinary order. Costs and expenses assessed pursuant to this rule shall 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 shall 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 shall be deemed a failure to
exhaust administrative remedies. Orders which impose fees, costs, or expenses
shall 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 shall be allocated to the expenditure category in
which the disciplinary procedure or hearing was incurred. The fees, costs, and
expenses shall be 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 shall
constitute a violation of an order of the board, shall be grounds for
discipline, and shall be considered primafacie 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.
