Iowa Admin. Code r. 193-7.42 - [Effective until 8/14/2024] Settlement after notice of hearing
(1) Settlement negotiations after the notice
of hearing is served may be initiated by the licensee or other respondent, the
prosecuting assistant attorney general, the board's executive officer, or the
board chair or chair's designee.
(2) The board chair or chair's designee shall
have authority to negotiate on behalf of the board but shall not have the
authority to bind the board to particular terms of settlement.
(3) The respondent is not obligated to
participate in settlement negotiations. The respondent's initiation of or
consent to settlement negotiation constitutes a waiver of notice and
opportunity to be heard during settlement negotiation pursuant to Iowa Code
section
17A.17
and rule 7.28(17A). Thereafter, the prosecuting attorney is authorized to
discuss informal settlement with the board chair or chair's designee, and the
designated board member is not disqualified from participating in the
adjudication of the contested case.
(4) Unless designated to negotiate, no member
of the board shall be involved in settlement negotiation until a written
consent order is submitted to the full board for approval. No informal
settlement shall be submitted to the full board unless it is in final written
form executed by the respondent. By signing the proposed consent order, the
respondent authorizes the prosecuting attorney or executive officer to have ex
parte communications with the board related to the terms of settlement. If the
board fails to approve the consent order, it shall be of no force and effect to
either party and shall not be admissible at hearing. Upon rejecting a proposed
consent order, the board may suggest alternative terms of settlement which the
respondent is free to accept or reject.
(5) If the board and respondent agree to a
consent order, the consent order shall constitute the final decision of the
board. By electing to resolve a contested case through consent order, the
respondent waives all rights to a hearing and all attendant rights. A consent
order in a licensee disciplinary case shall have the force and effect of a
final disciplinary order entered in a contested case and shall be published as
provided in rule 7.30(17A,272C).
Notes
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