154A.23 - COMPLAINTS.
154A.23 COMPLAINTS.
Any person wishing to make a complaint against a licensee or
holder of a temporary permit shall file a written statement with the
board within twelve months from the date of the action upon which the
complaint is based. If the board determines that the complaint
alleges facts which, if proven, would be cause for the suspension or
revocation of the license of the licensee or the permit of the holder
of a temporary permit, it shall make an order fixing a time and place
for a hearing and requiring the licensee or holder of a temporary
permit complained against to appear and defend. The order shall
contain a copy of the complaint, and the order and copy of the
complaint shall be served upon the licensee or holder of a temporary
permit at least twenty days before the date set for hearing, either
personally or as provided in section 154A.21. Continuance or
adjournment of a hearing date may be made for good cause. At the
hearing the licensee or holder of a temporary permit may be
represented by counsel. The licensee or holder of a temporary permit
and the board may take depositions in advance of hearing and after
service of the complaint, and either may compel the attendance of
witnesses by subpoenas issued by the board. The board shall issue
such subpoenas at the request of a licensee or holder of a temporary
permit. Either party taking depositions shall give at least five
days' written notice to the other party of the time and place of such
depositions, and the other party may attend, with counsel, if
desired, and cross-examine.
If the board determines from the evidence and proofs submitted
that the licensee or holder of a temporary permit is guilty of
violating any of the provisions of this chapter, or any of the
regulations promulgated by the board pursuant to this chapter, the
department shall, within thirty days after the hearing, issue an
order refusing to issue or renew, or revoking or suspending, as the
case may be, the hearing aid dispenser's license or temporary permit.
The order shall include the findings of fact and the conclusions of
law made by the board and counsel. A copy of the order shall be sent
to the licensee or holder of a temporary permit by registered mail.
The records of the department shall reflect the action taken by the
board on the charges, and the department shall preserve a record of
the proceedings in a manner similar to that used by courts of record
in this state.
The final order of the board in the proceedings may be appealed to
the district court of the county where the licensee or holder of a
temporary permit resides, or in which the licensed hearing aid
dispenser's principal place of business is located.
The department shall send a copy of the complaint and a copy of
the board's final order to the attorney general for purposes of
information in the event the licensee or holder of a temporary permit
pursues a court appeal and for consideration as to whether the
violations are flagrant enough to justify prosecution. The attorney
general and all county attorneys shall assist the department in the
enforcement of the provisions of this chapter. Section History: Early Form
[C75, 77, 79, 81, § 154A.23] Section History: Recent Form
2001 Acts, ch 58, §18; 2002 Acts, ch 1119, §19
Referred to in § 272C.5