CHAPTER 12
NONPAYMENT OF STATE DEBT
653—12.1(272D) Definitions. For the purpose of this chapter, the following definitions shall apply.
“Act” means Iowa Code sections 272D.1 to 272D.9.
“Applicant” means an individual who is seeking the issuance of a license.
“Board” means the board of medicine.
“Centralized collection unit” means the centralized collection unit of the Iowa department of revenue.
“Certificate of noncompliance” means a document known as a certificate of noncompliance which is provided by the centralized collection unit of the department of revenue certifying that the named applicant or licensee has an outstanding liability placed with the unit and has not entered into an approved payment plan to pay the liability.
“Denial notice” means a board notification denying an application for the issuance or renewal of a license as required by the Act.
“Revocation or suspension notice” means a board notification suspending a license for an indefinite or specified period of time or a notification revoking a license as required by the Act.
“Withdrawal certificate” means a document provided by the centralized collection unit certifying that the certificate of noncompliance is withdrawn and that the board may proceed with issuance, reinstatement, or renewal of a license.
[ARC 8353B, IAB 12/2/09, effective 1/6/10]
653—12.2(272D) Issuance or renewal of a license—denial. The board shall deny the issuance or renewal of a license upon the receipt of a certificate of noncompliance from the centralized collection unit. This rule shall apply in addition to the procedures set forth in the Act.
	12.2(1) Service of denial notice. Notice shall be served upon the applicant or licensee by certified mail, return receipt requested; by personal service; or through authorized counsel.
	12.2(2) Effective date of denial. The effective date of the denial of the issuance or renewal of a license, as specified in the denial notice, shall be 60 days following service of the denial notice upon the applicant or licensee.
	12.2(3) Preparation and service of denial notice. The executive director of the board is authorized to prepare and serve the denial notice upon the applicant or licensee.
	12.2(4) Licensees and applicants responsible to inform board. Licensees and applicants shall keep the board informed of all court actions and all centralized collection unit actions taken under or in connection with the Act. Licensees and applicants shall also provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to the Act, all court orders entered in such actions, and withdrawals of certificates issued by the centralized collection unit.
	12.2(5) Reinstatement following license denial. All board fees required for application, license renewal, or license reinstatement must be paid by applicants or licensees before a license will be issued, renewed, or reinstated after the board has denied the issuance or renewal of a license pursuant to the Act.
	12.2(6) Effect of filing in district court. In the event an applicant or a licensee files a timely district court action following service of a board denial notice, the board shall continue with the intended action described in the denial notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the denial of the issuance or renewal of a license, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
	12.2(7) Final notification. The board shall notify the applicant or licensee in writing through regular first-class mail, or such other means as the board determines appropriate in the circumstances, within ten days of the effective date of the denial of the issuance or renewal of a license, and shall similarly notify the applicant or licensee if the license is issued or renewed following the board’s receipt of a withdrawal certificate.
[ARC 8353B, IAB 12/2/09, effective 1/6/10]
653—12.3(272D) Suspension or revocation of a license. The board shall suspend or revoke a license upon the receipt of a certificate of noncompliance from the centralized collection unit according to the procedures set forth in the Act. This rule shall apply in addition to the procedures set forth in the Act.
	12.3(1) Service of revocation or suspension notice. A revocation or suspension notice shall be served upon the licensee by certified mail, return receipt requested; by personal service; or through authorized counsel.
	12.3(2) Effective date of revocation or suspension. The effective date of the suspension or revocation of a license, as specified in the revocation or suspension notice, shall be 60 days following service of the notice upon the licensee.
	12.3(3) Preparation and service of revocation or suspension notice. The executive director of the board is authorized to prepare and serve the revocation or suspension notice upon the licensee and is directed to notify the licensee that the license will be suspended, unless the license is already suspended on other grounds. In the event that the license is on suspension, the executive director shall notify the licensee of the board’s intention to revoke the license.
	12.3(4) Licensee responsible to inform board. The licensee shall keep the board informed of all court actions and all centralized collection unit actions taken under or in connection with the Act. Licensees shall also provide the board copies, within seven days of filing or issuance, of all applications filed with the district court pursuant to the Act, all court orders entered in such actions, and any withdrawal certificates issued by the centralized collection unit.
	12.3(5) Reinstatement following license suspension or revocation. A licensee shall pay all board fees required for license renewal or license reinstatement before a license will be reinstated after the board has suspended or revoked a license pursuant to the Act.
	12.3(6) Effect of filing in district court. In the event a licensee files a timely district court action pursuant to the Act, and following service of a revocation or suspension notice, the board shall continue with the intended action described in the revocation or suspension notice upon the receipt of a court order lifting the stay, dismissing the action, or otherwise directing the board to proceed. For purposes of determining the effective date of the license suspension or revocation, the board shall count the number of days before the action was filed and the number of days after the action was disposed of by the court.
	12.3(7) Final notification. The board shall notify the licensee in writing through regular first-class mail, or such other means as the board determines appropriate in the circumstances, within ten days of the effective date of the suspension or revocation of a license, and shall similarly notify the licensee if the license is reinstated following the board’s receipt of a withdrawal certificate.
[ARC 8353B, IAB 12/2/09, effective 1/6/10]
These rules are intended to implement Iowa Code chapter 272D.
[Filed 9/18/08, Notice 8/13/08—published 10/8/08, effective 11/12/08]
[Filed ARC 8353B (Notice ARC 8191B, IAB 10/7/09), IAB 12/2/09, effective 1/6/10]