Iowa Admin. Code r. 193-7.36 - [Effective until 8/14/2024] Emergency adjudicative proceedings
(1)
Necessary emergency
action. To the extent necessary to prevent or avoid immediate danger
to the public heahh, safety or welfare, and consistent with the United States
Constitution and Iowa Constitution and other provisions of law, the board may
issue a written order in compliance with Iowa Code section 17A.I8A 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 in the board's decision to take immediate
action.
b. The written emergency
adjudicative order shall be immediately delivered to persons who are 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)
First-class mail to the last address on file with the board; or
(5) Electronic service. Fax or E-mail
notification 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 fax or E-mail and has provided a fax number or E-mail address 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 issues, the board shall make reasonable immediate
efforts to contact by telephone the persons who are 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.
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.
Notes
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