A petitioner deemed ineligible or an applicant denied a license
because of a disqualifying offense may appeal the decision in the manner and
time frame set forth in the board's written decision. A timely appeal will
initiate a nondisciplinary contested case proceeding. The board's rules
governing contested case proceedings will apply unless otherwise specified in
this rule. If the petitioner or applicant fails to timely appeal, the board's
written decision will become a final order.
(1) An administrative law judge will serve as
the presiding officer of the nondisciplinary contested case proceeding, unless
the board elects to serve as the presiding officer. When an administrative law
judge serves as the presiding officer, the decision rendered shall be a
proposed decision.
(2) The
contested case hearing shall be closed to the public and the board's review of
a proposed decision shall occur in closed session.
(3) The office of the attorney general shall
represent the board's initial ineligibility determination or license denial and
shall have the burden of proof to establish that the petitioner or applicant's
convictions include at least one disqualifying offense. Upon satisfaction of
this burden by a preponderance of the evidence by the office of the attorney
general, the burden of proof shall shift to the petitioner or applicant to
establish rehabilitation by clear and convincing evidence.
(4) A petitioner or applicant must appeal an
ineligibility determination or license denial in order to exhaust
administrative remedies. A petitioner or applicant may only seek judicial
review of an ineligibility determination or license denial after the issuance
of a final order following a contested case proceeding. Judicial review of the
final order following a contested case proceeding shall be in accordance with
Iowa Code chapter 17A.
Notes
Iowa Admin. Code r.
193-15.4
Adopted by
IAB
April 21, 2021/Volume XLIII, Number 22, effective
5/26/2021
