ARC 8295C - Iowa Administrative Rules

Notice of Intended Action

Background checks and issuance, ch 9

Untitled document

ARC 8295C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to background checks and issuance
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to adopt a new Chapter 9, “Background Checks and Issuance,” Iowa Administrative Code.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code sections 256.146, 256.152 and 272C.12.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code sections 256.146, 256.152 and 272C.12.

Purpose and Summary

This proposed chapter provides procedures for background checks and the issuance of licenses. The Board is proposing to centralize this language into one chapter to eliminate redundancies.

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.Adopt the following new282—Chapter 9:

CHAPTER 9

BACKGROUND CHECKS AND ISSUANCE

282—9.1(256) Background checks. Licenses, authorizations, certificates, and statements of professional recognition are issued upon the filing of an application with the board of educational examiners and upon completion of the following:

9.1(1) National criminal history background check. An initial applicant will be required to complete fingerprinting for a national criminal history background check.

9.1(2) Division of criminal investigation background check. A division of criminal investigation (DCI) background check will be conducted on initial applicants.

9.1(3) Registries and records check. A check of the following registries and records will be conducted on initial applicants: the sex offender registry under Iowa Code section 692A.121, the central registry for child abuse information established under Iowa Code chapter 235A, the central registry for dependent adult abuse information maintained under Iowa Code chapter 235B, and the information in the Iowa court information system available to the general public.

282—9.2(256) Renewals. Every applicant for renewal or conversion is required to submit a completed application with the applicant’s signature to facilitate a check of the sex offender registry information under Iowa Code section 692A.121, the central registry for child abuse information established under Iowa Code chapter 235A, the central registry for dependent adult abuse information maintained under Iowa Code chapter 235B, and the Iowa court information system.

282—9.3(256) Fees. Fees for all background check processes will be assessed to the applicant.

282—9.4(256) Temporary permits. The executive director may issue a temporary permit to an applicant after receipt of a fully completed application; determination that the applicant meets all applicable prerequisites for issuance of the license, certification, or authorization; and satisfactory evaluation of the Iowa criminal history background check and registries and records check set forth in subrules 9.1(2) and 9.1(3). The temporary permit will expire upon issuance of the requested license, certification, or authorization or 90 days from the date of issuance of the permit, whichever occurs first, unless the temporary permit is extended upon a finding of good cause by the executive director.

282—9.5(256) Issue and expiration dates, corrections, and fraud.

9.5(1) Issue and expiration dates on original license. A license is valid only from and after the date of issuance. Licenses, authorizations, certificates, and statements of professional recognition will expire on the last day of the practitioner’s birth month after the term of the license unless otherwise specified. If the expiration date is changed by rule, the change may be retroactive.

9.5(2) Correcting licenses. If a licensee notifies board staff of a typographical or clerical error on the license within 30 days of the date of the board’s issuance of a license, a corrected license will be issued without charge to the licensee.

9.5(3) Fraud in procurement or renewal of licenses. Fraud in procurement or renewal of a license or falsifying records for licensure purposes will constitute grounds for filing a complaint with the board.

282—9.6(256) Degrees and coursework. Required degrees and college semester hour coursework will be earned through a college or university accredited by an institutional accrediting agency as recognized by the U.S. Department of Education. Licenses require the completion of a program that is approved for state licensure.

282—9.7(256) Reciprocity. Reciprocity will be granted pursuant to Iowa Code sections 256.152 and 272C.12. Endorsements will be granted based on comparable Iowa endorsements, and endorsement requirements may be waived in order to grant the most comparable endorsement.

These rules are intended to implement Iowa Code chapter 256.