Iowa Admin. Code r. 193-7.41 - [Effective until 8/14/2024] Recovery of hearing fees and expenses
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 professional licensing and regulation bureau of the banking division of the department of commerce pursuant to rule 193-2.1 (272C).
(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 panel 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 in 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 governed 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
services 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 in 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 a 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 to the end of the sixth month after the date the
state of Iowa paid the expenditures to assess the licensee for such
expenditure. In order 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 of hearing was incurred. The fees, costs, and
expenses shall be considered repayment 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 prima facie 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
Notes
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