657—36.10(272C) Disciplinary hearings—fees and costs.
	36.10(1) Definitions. As used in this chapter in relation to a formal disciplinary action filed by the board against a licensee:
“Deposition” means the testimony of a person pursuant to subpoena or at the request of the state of Iowa taken in a setting other than a hearing.
“Expenses” means costs incurred by persons appearing pursuant to subpoena or at the request of the state of Iowa for purposes of providing testimony on the part of the state of Iowa in a hearing or other official proceeding and shall include mileage reimbursement at the rate specified in Iowa Code section 70A.9 or, if commercial air or ground transportation is used, the actual cost of transportation to and from the proceeding. Also included are actual costs incurred for meals and necessary lodging.
“Medical examination fees” means actual costs incurred by the board in a physical, mental, chemical abuse, or other impairment-related examination or evaluation of a licensee when the examination or evaluation is conducted pursuant to an order of the board.
“Transcript” means a printed verbatim reproduction of everything said on the record during a hearing or other official proceeding.
“Witness fees” means compensation paid by the board to persons appearing pursuant to subpoena or at the request of the state of Iowa, for purposes of providing testimony on the part of the state of Iowa. For the purposes of this rule, compensation shall be the same as outlined in Iowa Code section 622.69 or 622.72 as the case may be.
	36.10(2) Hearing fee and recoverable costs. The board may charge a fee not to exceed $75 for conducting a disciplinary hearing that results in disciplinary action taken by the board against the licensee. In addition to the fee, the board may recover from the licensee costs for the following procedures and personnel:
	a. 	Recording fees of a certified shorthand reporter.
	b. 	Transcript.
	c. 	Witness fees and expenses.
	d. 	Depositions.
	36.10(3) Fees, costs as part of disciplinary order. Fees and costs assessed by the board shall be described as part of the board’s final disciplinary order. Fees and costs that can be calculated at the time of the issuance of the board’s final disciplinary order shall be itemized in the order. Fees and costs that cannot be calculated at the time of the issuance of the board’s final disciplinary order may be invoiced to the licensee at a later time, provided that the board’s final disciplinary order states that the particular fees and costs will be invoiced at a later date. The board’s final disciplinary order and any invoices shall specify the time period in which the licensee shall pay the assessed fees and costs.
	36.10(4) Board treatment of collected fees, costs. Fees and costs collected by the board shall be allocated to the expenditure category of the board in which the hearing costs were incurred. The fees and costs shall be considered repayment receipts as defined in Iowa Code section 8.2.
	36.10(5) Failure to pay assessed fees, costs. Failure of a licensee to pay the fees and costs assessed herein within the time period specified in the board’s final disciplinary order or subsequent invoice shall constitute a violation of a lawful order of the board.
[ARC 3344C, IAB 9/27/17, effective 11/1/17]