Iowa Admin. Code r. 193-7.38 - [Effective until 8/14/2024] Reinstatement
(1)
The term "reinstatement" as used in this rule shall include both the
reinstatement of a suspended license and the issuance of a new license
following the revocation or voluntary surrender of a license. Reinstating a
license to active status under this rule is a two-step process:
a. First, the board must determine whether
the suspended, revoked, or surrendered license may be reinstated under the
terms of the order revoking or suspending the license or accepting the
surrender of the license and under the two-part test described in subrule
7.38(5).
b. Second, if the board
grants the application to reinstate, the licensee must complete and submit an
application to demonstrate satisfaction of all administrative preconditions for
reinstatement of the license to active status, including verification of
completion of all continuing education and payment of reinstatement and renewal
fees.
(2) Any person
whose license has been revoked or suspended by the board, or who voluntarily
surrendered a license in a disciplinary proceeding, may apply to the board for
reinstatement in accordance with the terms of the order of revocation or
suspension, or order accepting the voluntary surrender.
(3) Unless otherwise provided by law, if the
order of revocation or suspension did not establish terms upon which
reinstatement might occur, or if the license was voluntarily surrendered, an
initial application for reinstatement may not be made until at least one year
has elapsed from the date of the order or the date the board accepted the
voluntary surrender of a license.
(4) All proceedings for reinstatement shall
be initiated by the respondent, who shall file with the board an application
for reinstatement of the respondent's license. Such application shall be
docketed in the original case in which the license was revoked, suspended, or
relinquished. All proceedings upon the petition for reinstatement, including
the matters preliminary and ancillary thereto, shall be subject to the same
rules of procedure as other cases before the board. In addition, the board may
grant an applicant's request to appear informally before the board prior to the
issuance of a notice of hearing on the application if the applicant requests an
informal appearance in the application and agrees not to seek to disqualify on
the ground of personal investigation the board members or staff before whom the
applicant appears.
(5) An
application for reinstatement shall allege facts which, if established, will be
sufficient to enable the board to determine that the basis of revocation,
suspension or voluntary surrender of the respondent's license no longer exists
and that it will be in the public interest for the license to be reinstated.
Compliance with subrule 7.30(3) must also be established. The burden of proof
to establish such facts shall be on the respondent. An order of reinstatement
may include such conditions as the board deems reasonable under the
circumstances. The board may grant the application without hearing, but may not
deny the application in whole or part without setting the matter for hearing or
providing the applicant the opportunity to request a contested case hearing if
aggrieved by a term of the reinstatement order.
(6) An order of reinstatement shall be based
upon a decision which incorporates findings of fact and conclusions of law and
must be based upon the affirmative vote of not fewer than a majority of the
board. This order will be published as provided for in subrule
7.30(2).
Notes
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