ARC 8296C - Iowa Administrative Rules

Notice of Intended Action

Debts to state and local government—noncompliance, ch 8

Untitled document

ARC 8296C

EDUCATIONAL EXAMINERS BOARD[282]

Notice of Intended Action

Proposing rulemaking related to debts to state or local governments
and providing an opportunity for public comment

The Educational Examiners Board hereby proposes to rescind Chapter 8, “Debts to State or Local Government-Noncompliance,” 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 chapter 272D and section 256.146.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Iowa Code chapter 272D and section 256.146.

Purpose and Summary

This proposed chapter provides procedures for licensees who have debts to state and local government. 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 8 and adopt the following new chapter in lieu thereof:

CHAPTER 8

DEBTS TO STATE OR LOCAL GOVERNMENT—NONCOMPLIANCE

282—8.1(272D) Issuance or renewal of a license—denial. The board will deny the issuance or renewal of a license upon receipt of a certificate of noncompliance from the centralized collection unit of the department of revenue according to the procedures set forth in Iowa Code chapter 272D. In addition to the procedures contained in Iowa Code chapter 272D, the following will apply:

8.1(1) The notice required by Iowa Code chapter 272D will be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the applicant or licensee may accept service personally or through authorized counsel.

8.1(2) The effective date of the denial of the issuance or renewal of a license, as specified in the notice required by Iowa Code chapter 272D, will be 60 days following service of the notice upon the applicant or licensee.

8.1(3) The board’s administrator is authorized to prepare and serve the notice required by Iowa Code chapter 272D upon the applicant or licensee.

8.1(4) Applicants and licensees will keep the board informed of all court actions and all centralized collection unit actions taken under or in connection with Iowa Code chapter 272D and will provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code chapter 272D, court orders entered in such actions, and withdrawals of certificates of noncompliance by the centralized collection unit.

8.1(5) All board fees required for application, license renewal, or license reinstatement will be paid by applicants or licensees and all continuing education requirements will be met before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to Iowa Code chapter 272D.

8.1(6) In the event an applicant or licensee timely files a district court action following service of a board notice pursuant to Iowa Code chapter 272D, the board will continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

8.1(7) The board will notify the applicant or licensee in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license and will similarly notify the applicant or licensee when the license is issued or renewed following the board’s receipt of the certificate of noncompliance.

282—8.2(272D) Suspension or revocation of a license. The board will suspend or revoke a license upon receipt of a certificate of noncompliance from the centralized collection unit according to the procedures set forth in Iowa Code chapter 272D. In addition to the provisions contained in Iowa Code chapter 272D, the following will apply:

8.2(1) The notice required by Iowa Code chapter 272D will be served by restricted certified mail, return receipt requested, or by personal service in accordance with the Iowa Rules of Civil Procedure. Alternatively, the licensee may accept service personally or through authorized counsel.

8.2(2) The effective date of the suspension or revocation of a license, as specified in the notice required by Iowa Code chapter 272D, will be 60 days following service of the notice upon the licensee.

8.2(3) The board’s administrator is authorized to prepare and serve the notice required by Iowa Code chapter 272D and is directed to notify the licensee that the license will be suspended unless the license is already suspended on other grounds. In the event a license is on suspension, the administrator will notify the licensee of the board’s intention to continue the suspension.

8.2(4) Licensees will keep the board informed of all court actions and all centralized collection unit actions taken under or in connection with Iowa Code chapter 272D and will provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to Iowa Code chapter 272D, court orders entered in such actions, and withdrawals of certificates of noncompliance by the centralized collection unit.

8.2(5) All board fees required for license renewal or license reinstatement will be paid by licensees and all continuing education requirements will be met before a license will be renewed or reinstated after the board has suspended or revoked a license pursuant to Iowa Code chapter 272D.

8.2(6) In the event a licensee timely files a district court action following service of a board notice pursuant to Iowa Code chapter 272D, the board will continue with the intended action described in the notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the suspension or revocation of a license, the board will count the number of days before the action was filed and the number of days after the action was disposed of by the court.

8.2(7) The board will notify the licensee in writing through regular first-class mail, or such other means as the board deems appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a license and will similarly notify the licensee when the license is reinstated following the board’s receipt of the certificate of noncompliance.

282—8.3(17A,22,272D) Sharing of information. Notwithstanding any statutory confidentiality provision, the board may share information with the centralized collection unit for the sole purpose of identifying applicants or licensees subject to enforcement under Iowa Code chapter 272D.

These rules are intended to implement Iowa Code chapter 272D.