ARC 1378C
EDUCATIONAL EXAMINERS BOARD[282]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 272.2, the Board of Educational Examiners hereby gives Notice of Intended Action to amend Chapter 11, “Complaints, Investigations, Contested Case Hearings,” Iowa Administrative Code.
The proposed amendment states that the Board “may,” rather than “shall,” set a case for hearing if there is probable cause of a violation of the Code of Professional Conduct and Ethics. The proposed amendment also sets forth factors for the Board to consider in determining whether to set a case for hearing.
Any interested person may make written comments or suggestions on the proposed amendment before 4 p.m.	on Friday, April 11, 2014. Written comments and suggestions should be addressed to Kim Cunningham, Board Secretary, Board of Educational Examiners, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa 50319-0147, or sent by e-mail to kim.cunningham@iowa.gov, or by fax to (515)281-7669.
Any interested party or persons may present their views either orally or in writing at the public hearing that will be held Wednesday, April 9, 2014, at 1 p.m.	in Room 3 Southwest, Third Floor, Grimes State Office Building, East 14th Street and Grand Avenue, Des Moines, Iowa.
At the hearing, persons will be asked to give their names and addresses for the record and to confine their remarks to the subject of the proposed amendment. Persons who wish to make oral presentations at the public hearing may contact the Executive Director, Board of Educational Examiners, at the above address, or at (515)281-5849, prior to the date of the public hearing.
Any person who intends to attend the public hearing and requires special accommodations for specific needs, such as a sign language interpreter, should contact the office of the Executive Director at (515)281-5849.
This amendment is subject to waiver pursuant to 282—Chapter 6.
After analysis and review of this rule making, there is no anticipated impact on jobs.
This amendment is intended to implement Iowa Code section 272.2(4).
The following amendment is proposed.
	Amend rule 282—11.6(272) as follows:
282—11.6(272) Ruling on the initial inquiry. Upon review of the investigator’s report, the board may take any of the following actions:
	11.6(1) Reject the case. If a determination is made by the board to reject the case, the complaint shall be returned to the complainant along with a statement specifying the reasons for rejection. A letter of explanation concerning the decision of the board shall be sent to the respondent.
	11.6(2) Require further inquiry. If determination is made by the board to order further inquiry, the complaint and recommendations by the investigator(s) shall be returned to the investigator(s) along with a statement specifying the information deemed necessary.
	11.6(3) Accept the case. If a determination is made by the board that probable cause exists to conclude that the criteria of professional practices or the criteria of competent performance have been violated, notice shall may be issued, pursuant to rule 282—11.7(17A,272), and a formal hearing shall may be conducted in accordance with rules 282—11.7(17A,272) to 282—11.21(17A,272), unless a voluntary waiver of hearing has been filed by the respondent pursuant to the provisions of subrule 11.4(6). In determining whether to issue a notice of hearing, the board may consider the following:
	a. 	Whether the alleged violation is of sufficient magnitude to warrant a hearing by the board.
	b. 	Whether there is sufficient evidence to support the complaint.
	c. 	Whether the alleged violation was an isolated incident.
	d. 	Whether adequate steps have been taken at the local level to ensure similar behavior does not occur in the future.
	11.6(4) Release of investigative report. If the board finds probable cause of a violation, the investigative report will be available to the respondent upon request. Information contained within the report is confidential and may be used only in connection with the disciplinary proceedings before the board.