68B.32C - CONTESTED CASE PROCEEDINGS.
68B.32C CONTESTED CASE PROCEEDINGS.
1. Contested case proceedings initiated as a result of the
issuance of a statement of charges pursuant to section 68B.32B,
subsection 9, shall be conducted in accordance with the requirements
of chapter 17A. Clear and convincing evidence shall be required to
support a finding that a person has violated this chapter, section
8.7, or any rules adopted by the board pursuant to this chapter. A
preponderance of the evidence shall be required to support a finding
that a person has violated chapter 68A or any rules adopted by the
board pursuant to chapter 68A. The case in support of the statement
of charges shall be presented at the hearing by one of the board's
attorneys or staff unless, upon the request of the board, the charges
are prosecuted by another legal counsel designated by the attorney
general. A person making a complaint under section 68B.32B,
subsection 1, is not a party to contested case proceedings conducted
relating to allegations contained in the complaint.
2. Hearings held pursuant to this chapter shall be heard by a
quorum of the board, unless the board designates a board member or an
administrative law judge to preside at the hearing. If a quorum of
the board does not preside at the hearing, the board member or
administrative law judge shall make a proposed decision. The board
or presiding board member may be assisted by an administrative law
judge in the conduct of the hearing and the preparation of a
decision.
3. Upon a finding by the board that the party charged has
violated this chapter, chapter 68A, section 8.7, or rules adopted by
the board, the board may impose any penalty provided for by section
68B.32D. Upon a final decision of the board finding that the party
charged has not violated this chapter, chapter 68A, section 8.7, or
the rules of the board, the complaint shall be dismissed and the
party charged and the original complainant, if any, shall be
notified.
4. The right of an appropriate county attorney or the attorney
general to commence and maintain a district court prosecution for
criminal violations of the law is unaffected by any proceedings under
this section.
5. The board shall adopt rules, pursuant to chapter 17A,
establishing procedures to implement this section. Section History: Recent Form
93 Acts, ch 163, § 17; 2006 Acts, ch 1035, §6; 2007 Acts, ch 126,
§17
Referred to in § 68A.101, 68B.32A, 331.756(15)