Notice of Intended Action

Fees, ch 12

Untitled document

ARC 8290C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to fees
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to rescind Chapter 12, “Fees,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code section 256.155.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code section 256.155.

Purpose and Summary

This proposed chapter provides procedures for required fees. The Board is required to cover all operating expenses through fees. The Board proposes removing duplicative statutory language.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):

●September 11, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 282—Chapter 6.

Public Comment

Any interested person may submit written comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on December 2, 2024. Comments should be directed to:

Beth Myers, Attorney
Board of Educational Examiners
701 East Court Avenue, Suite A
Des Moines, Iowa 50309
Phone: 515.242.6506
Email: beth.myers@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

November 20, 2024
11 a.m. to 12 noon

Board Room, Suite A
701 East Court Avenue
Des Moines, Iowa

December 2, 2024
9 to 10 a.m.

Board Room, Suite A
701 East Court Avenue
Des Moines, Iowa

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

The following rulemaking action is proposed:

ITEM 1.Rescind 282—Chapter 12 and adopt the following new chapter in lieu thereof:

CHAPTER 12

FEES

282—12.1(256) Issuance fees. The fee for the issuance of a license, certificate, statement of professional recognition, or authorization will be $85 unless otherwise specified below:

1.A paraeducator certificate will be $40.

2.A behind-the-wheel authorization will be $40.

3.The application fee will be waived for applicants who meet the requirements under 282—subrule 13.1(4).

282—12.2(256) Renewal fees. The fee for the renewal or extension of a license, certificate, statement of professional recognition, or authorization will be $85 unless otherwise specified below:

1.The renewal of the paraeducator certificate will be $40.

2.The renewal of the behind-the-wheel authorization will be $40.

3.A one-year extension of a coaching authorization will be $40.

4.A one-year extension of the temporary initial, initial teaching, or initial administrator license will be $25 if the applicant needs additional time to meet the experience requirement and all standards have been met.

5.The fee for the renewal of a license, certificate, statement of professional recognition, or authorization for practitioners with a master’s degree or higher who have ten or more years of experience in education will be $50.

6.A Class E emergency extension license will be $150.

282—12.3(256) Evaluation and endorsement fees.

1.The evaluation fee for applications from out-of-state or out-of-country institutions will be $60.

2.The fee for adding an endorsement will be $50. The fee for a transcript evaluation will be $60.

3.The fee for adding an area of concentration to a paraeducator certificate will be $25.

282—12.4(256) Duplicate fees. The fee for the printed issuance of a practitioner’s license, a certificate, a statement of professional recognition, or an authorization will be $15.

282—12.5(256) Late fees.

12.5(1) An additional fee of $25 per calendar month, not to exceed $150, will be imposed if an application is submitted after the date of expiration of a practitioner’s license.

12.5(2) An additional fee of $25 per calendar month, not to exceed $150, will be imposed if the practitioner holds a valid Iowa license but does not hold an endorsement for the type of service for which the practitioner is employed.

12.5(3) An additional fee of $100 per calendar month, not to exceed $500, will be imposed if the practitioner does not hold a valid Iowa license or authorization. The fee will begin to be assessed on the first day of the school year for which the practitioner is employed until the practitioner submits a completed application packet for the appropriate license.

12.5(4) Waivers of late fees will be granted only upon a showing of extraordinary circumstances rendering imposition of the fee unreasonable.

282—12.6(256) Retention of incomplete applications.

12.6(1) Timeline for complete application materials to be submitted. Upon receipt of an incomplete application, the executive director or designee will send a letter of deficiencies to the applicant stipulating that complete application materials will be submitted to the board office within 45 days of the date the letter is received. If the materials are not received within that timeline, the application process will be closed. If the applicant submits information after the 45-day deadline, the application process requires submission of a complete set of application materials and fees, including late fees if applicable, for practicing with an expired license, without the proper endorsement, or without an Iowa board-issued license.

12.6(2) Background check. The background check fee is valid for one year. If a license is not issued within one year of a completed background check, the background check will be considered void.

12.6(3) Request for additional time. If the applicant is not able to submit the application materials by the deadline, the applicant may contact the executive director with a request for additional time. The executive director will review the request and provide a written decision either approving or denying the request.

282—12.7(256) Fees for processing complaints and conducting hearings.

12.7(1) Administrator licensure sanction. If an administrator is a respondent in a complaint for violation of the code of professional conduct and ethics and the final board action results in a sanction, the administrator will be required to pay the fees that were related to processing the complaint and conducting the hearing. Such fees may include a fee for personal service by a sheriff, a fee for legal notice when placed in a newspaper, a fee for transcription service or court reporter fee, and other fees assessed as costs by the board.

12.7(2) Timeline for payment and board order. Fees will be submitted to the board office within 45 days from the issuance of the letter outlining the required fees. Payment of fees may be imposed as a board order.

These rules are intended to implement Iowa Code chapter 256.

Educational Examiners Board


This Organization is a part of the Education Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 12/2/2024.

Official Document

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 10/30/2024.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 282-12.1 Rule 282-12.2 Rule 282-12.3 Rule 282-12.4 Rule 282-12.5 Rule 282-12.6 Rule 282-12.7 Rule 282-13.1(4)

Iowa Code References

The following Iowa code references were added to this document. You may click a reference to view related notices.

Iowa Code 256
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