(1)
Definitions. As used in
this rule in relation to a formal disciplinary action filed by the
board
against a
credential holder:
"Deposition" means the testimony of a person
taken pursuant to subpoena or at the request of the state of Iowa taken in a
setting other than a hearing.
"Expenses" means costs incurred by persons
appearing pursuant to subpoena or at the request of the state of Iowa for
purposes of providing testimony on the part of the state of Iowa in a hearing
or other official proceeding and shall include mileage reimbursement at the
rate specified in Iowa Code section
70A.9 or, if commercial air or
ground transportation is used, the actual cost of transportation to and from
the proceeding. Also included are actual costs incurred for meals and necessary
lodging.
"Medical examination fees" means actual costs
incurred by the board in a physical, mental, chemical abuse, or other
impairment-related examination or evaluation of a credential holder when the
examination or evaluation is conducted pursuant to an order of the
board.
"Record" means the proceedings of the hearing
including but not limited to the transcript and any documentary evidence
admitted or offered at the hearing.
"Transcript" means a printed verbatim
reproduction of everything said on the record during a hearing or other
official proceeding.
"Witness fees" means compensation paid by the
board to persons appearing pursuant to subpoena or at the request of the state
of Iowa for purposes of providing testimony on the part of the state of Iowa.
For the purpose of this rule, compensation shall be the same as outlined in
Iowa Code section 622.69 or
622.72, as
applicable.
(2)
Disciplinary hearing fee. The board may charge a fee not to
exceed the amount authorized in Iowa Code section
272C.6 for conducting a
disciplinary hearing that results in disciplinary action taken against the
credential holder by the board. An order assessing a fee must be included as
part of the board's final decision. The order must direct the credential holder
to deliver payment directly to the department of agriculture and land
stewardship as provided in subrule 16.31(6).
(3)
Recovery of related hearing
costs. The
board may also recover from the
credential holder the costs
for transcripts, witness fees and expenses, depositions, and medical
examination fees, if disciplinary action is taken. The
board may assess these
costs in the manner it deems most equitable in accordance with the following:
a.
Transcript costs. The
board may assess the transcript costs against the
credential holder pursuant to
Iowa Code section
272C.6(6) or
against the requesting party pursuant to Iowa Code section
17A.12(7).
(1) The cost of the transcript includes the
transcript of the original contested case hearing before the board, as well as
transcripts of any other formal proceedings before the board that occur after
the notice of the contested case hearing is filed.
(2) In the event of an appeal to the full
board from a proposed decision, the appealing party must timely request and pay
for the transcript necessary for use in the board appeal process.
b.
Witness fees and
expenses. The parties in a
contested case are responsible for any
witness fees and expenses incurred by witnesses appearing at the
contested case
hearing. In addition, the
board may assess a
credential holder the witness fees
and expenses incurred by witnesses called to testify on behalf of the state of
Iowa, provided that the costs are calculated as follows:
(1) The costs for lay witnesses will be
determined in accordance with Iowa Code section
622.69. For purposes of
calculating the mileage expenses allowed under that section, the provisions of
Iowa Code section 625.2 do not apply.
(2) The costs for expert witnesses will be
determined in accordance with Iowa Code section
622.72. For purposes of
calculating the mileage expenses allowed under that section, the provisions of
Iowa Code section 625.2 do not apply.
(3) 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 witnesses who are subpoenaed by either party to
testify at the hearing.
(4) The
board may assess as costs the meal and lodging expenses necessarily incurred by
witnesses testifying at the request of the state of Iowa. Meal and lodging
costs shall not exceed the reimbursement employees of the state of Iowa receive
for these expenses under the department of revenue guidelines currently in
effect.
c.
Deposition costs. Deposition costs for purposes of allocating
costs against a
credential holder include only those deposition costs incurred
by the state of Iowa. The
credential holder is directly responsible for the
payment of deposition costs incurred by the
credential holder.
(1) The costs for depositions include the
cost of transcripts, the daily charge of the court reporter for attending and
transcribing the deposition, and all mileage and travel time charges of the
court reporter for traveling to and from the deposition that are charged in the
ordinary course of business.
(2) If
the deposition is of an expert witness, the deposition costs include a
reasonable fee for an expert witness. This fee must not exceed the expert's
customary hourly or daily fee, and must include the time reasonably and
necessarily spent in connection with the deposition, including the time spent
in travel to and from the deposition, but excluding time spent in preparation
for the deposition.
d.
Medical examination fees. All costs of physical or mental
examinations ordered by the board pursuant to Iowa Code section
272C.9(1) as
part of an investigation of a pending complaint or as a sanction following a
contested case must be paid directly by the credential
holder.
(4)
Certification of reimbursable costs. Within ten days after
conclusion of a contested case hearing and before issuance of any final
decision assessing costs, the secretary must certify any reimbursable costs to
the board. The secretary must calculate the specific costs, certify the costs
calculated, and file the certification as part of the record in the contested
case. A copy of the certification must be served on each party of record at the
time of the filing.
(5)
Assessment of fees and costs. A final decision of the
board
imposing disciplinary action against a
credential holder must include the
amount of any fee assessed. If the
board also assesses costs against the
credential holder, the final decision must include a statement of costs
delineating each category of costs and the amount assessed. The
board must
specify the time period in which the fees and costs must be paid by the
credential holder.
a. A party must file an
objection to any fees or costs imposed in a final decision in order to exhaust
administrative remedies. An objection must be filed in the form of an
application for rehearing pursuant to Iowa Code section
17A.16(2).
b. The application must be resolved by the
board consistent with the procedures for ruling on an application for
rehearing. Any dispute regarding the calculations of any fees or costs to be
assessed may be resolved by the board upon receipt of the parties' written
objections.
(6)
Payment of fees and costs. Payment for fees and costs assessed
pursuant to this rule must be made in the form of a check or money order made
payable to the state of Iowa and delivered by the credential holder to the
department of agriculture and land stewardship.
(7)
Failure to make payment.
Failure of a credential holder to pay any fees and costs within the time
specified in the board's decision constitutes a violation of an order of the
board and is grounds for disciplinary action.
