Iowa Administrative Code
Agency 645 - PROFESSIONAL LICENSURE DIVISION
Chapter 11 - CONTESTED CASES
Rule 645-11.28 - Emergency adjudicative proceedings
Universal Citation: IA Admin Code 645-11.28
Current through Register Vol. 46, No. 19, March 20, 2024
(1) Necessary 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. 18 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.
(2) 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.
(3) 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 in the board's decision to take immediate
action. The order is a public 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 agency;
(3) Certified mail to the last address on
file with the agency; or
(4) Fax.
Fax may be used as the sole method of delivery if the person required to comply
with the order has filed a written request that agency orders be sent by fax
and has provided a fax 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.
d. Unless the
written emergency adjudicative order is provided by personal delivery on the
same day that the order issues, the board shall make reasonable immediate
efforts to contact by telephone the person who is required to comply with the
order.
e. 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.
f. Issuance of
a written emergency adjudicative order shall include notification of the date
on which board proceedings are scheduled for completion. After issuance of an
emergency adjudicative order, continuance of further board proceedings to a
later date will be granted only in compelling circumstances upon application in
writing unless the person who is required to comply with the order is the party
requesting the continuance.
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