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135B.6 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE -- HEARINGS AND REVIEW.

        135B.6  DENIAL, SUSPENSION, OR REVOCATION OF LICENSE
      -- HEARINGS AND REVIEW.
         The department may deny, suspend, or revoke a license in any case
      where it finds that there has been a substantial failure to comply
      with this chapter or the rules or minimum standards adopted pursuant
      to this chapter.
         A denial, suspension, or revocation shall be effected by mailing
      to the applicant or licensee by certified mail, or by personal
      service of, a notice setting forth the particular reasons for the
      action.  A denial, suspension, or revocation shall become effective
      thirty days after the mailing or service of the notice, unless the
      applicant or licensee, within the thirty-day period gives written
      notice to the department requesting a hearing, in which case the
      notice is suspended.  If a hearing has been requested, the applicant
      or licensee shall be given an opportunity for a prompt and fair
      hearing before the department.  At any time at or prior to hearing,
      the department may rescind the notice of denial, suspension, or
      revocation upon being satisfied that the reasons for the denial,
      suspension, or revocation have been or will be removed.  On the basis
      of a hearing or upon default of the applicant or licensee, the
      determination involved in the notice may be affirmed, modified, or
      set aside by the department.  A copy of the decision, setting forth
      the finding of facts and the particular reasons for the decision
      shall be sent by certified mail, or served personally upon, the
      applicant or licensee.
         The procedure governing hearings authorized by this section shall
      be in accordance with rules adopted by the department.  A full and
      complete record shall be kept of all proceedings, and all testimony
      shall be reported but need not be transcribed unless judicial review
      is sought pursuant to section 135B.14.  A copy or copies of the
      transcript may be obtained by an interested party on payment of the
      cost of preparing the copy or copies.  Witnesses may be subpoenaed by
      either party and shall be allowed fees at a rate prescribed by rule.
      

         Section History: Early Form

         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 135B.6] 

         Section History: Recent Form

         90 Acts, ch 1204, §5