1. The board may initiate proceedings under this chapter either on its own motion or on the complaint of any person. Before scheduling a hearing under this section, the board may request the department of inspections and appeals to conduct an investigation into the charges to be addressed at the board hearing. The department of inspections and appeals shall report its findings to the board.
2. A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the board on the charges shall be served on the accused not less than thirty days prior to the date of hearing either personally or by mailing a copy by certified mail to the last known address of the accused.
3. If, after having been served with the notice of hearing, the accused fails to appear at the hearing and defend, the board may proceed to hear evidence against the accused and may enter such order as is justified by the evidence.
4. At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on behalf of the accused, cross-examine witnesses, and examine evidence which is produced against the accused. A corporation may be represented before the board by counsel, or by a shareholder who is a certified public accountant or accounting practitioner of this state in good standing. A limited liability company may be represented before the board by counsel, or by a member who is a certified public accountant or accounting practitioner of this state in good standing. The accused is entitled, on application to the board, to the issuance of subpoenas to compel the attendance of witnesses on behalf of the accused.
5. Any member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing under this chapter.
In case of disobedience to a subpoena the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence.
6. The board shall not be bound by technical rules of evidence.
7. A stenographic record of the hearings shall be kept and a transcript thereof filed with the board.
8. At all hearings, the attorney general of this state, or one of the attorney general's assistants designated by the attorney general, or such other legal counsel as may be employed, shall appear and represent the board.
9. The decision of the board shall be by majority vote of its members.
10. Judicial review of the board's action may be sought in accordance with chapter 17A.
[SS15, § 2620-g; C24, 27, § 1899; C31, 35, § 1905-c16; C39, § 1905.14; C46, 50, 54, 58, 62, 66, 71, 73, § 116.14; C75, 77, 79, 81, § 116.23]
88 Acts, ch 1158, § 22; 91 Acts, ch 97, § 17; 92 Acts, ch 1212, § 4
C93, § 542C.23
93 Acts, ch 19, §8
Referred to in § 272C.5, 542C.21, 542C.22
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