272.13 - HEARING PROCEDURES -- CONFIDENTIALITY.
272.13 HEARING PROCEDURES -- CONFIDENTIALITY.
Hearings before the board shall be conducted in the same manner as
contested cases under chapter 17A. The board may subpoena books,
papers, records, and any other real evidence necessary for the board
to decide whether it should institute a contested case hearing. At
the hearing the board may administer oaths and issue subpoenas to
compel the attendance of witnesses and the production of other
evidence. Subpoenas may be issued by the board to a party to a
hearing, if the party demonstrates that the evidence or witnesses'
testimony is relevant and material to the hearing. Service of
process and subpoenas for board hearings shall be conducted in
accordance with the law applicable to the service of process and
subpoenas in civil actions.
Witnesses subpoenaed to appear before the board shall be
reimbursed for mileage and necessary expenses and shall receive per
diem compensation by the board, unless the witness is an employee of
the state or a political subdivision, in which case the witness shall
receive reimbursement only for mileage and necessary expenses.
All complaint files, investigation files, other investigation
reports, and other investigative information in the possession of the
board or its employees or agents, which relate to licensee
discipline, are privileged and confidential, and are not subject to
discovery, subpoena, or other means of legal compulsion for their
release to a person other than the respondent and the board and its
employees and agents involved in licensee discipline, and are not
admissible in evidence in a judicial or administrative proceeding
other than the proceeding involving licensee discipline. However,
investigative information in the possession of the board or its
employees or agents which relates to licensee discipline may be
disclosed to appropriate licensing authorities within this state, the
appropriate licensing authority in another state, the District of
Columbia, or a territory or country in which the licensee is licensed
or has applied for a license. A final written decision and finding
of fact of the board in a disciplinary proceeding is a public record.
Section History: Recent Form
89 Acts, ch 265, § 13
CS89, § 260.13
C93, § 272.13
2000 Acts, ch 1199, §1
Referred to in § 272.15