HSB 565 (LSB 5313DP (2) 89)

SENATE/HOUSE FILE _____

BY  (PROPOSED OFFICE OF OMBUDSMAN BILL)

A BILL FOR

An Act relating to investigations and disciplinary proceedings of professional licensing boards.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 272C.3, subsection 1, paragraph d, Code 2022, is amended to read as follows:
   d.  Determine in any case whether an investigation, or further investigation, or a disciplinary proceeding is warranted. Notwithstanding the provisions of chapter 17A, a determination by a licensing board that an investigation is not warranted or that an investigation should be closed without initiating a disciplinary proceeding is not subject to judicial review pursuant to section 17A.19.  Notwithstanding any other provision of law, if a board determines there is no probable cause to believe a violation has occurred, the board shall return the complaint to the complainant with a statement specifying the board’s reasons for dismissal of the complaint sufficient to enable the complainant to review the board’s determination.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to investigations and disciplinary proceedings by professional licensing boards. The bill allows a board’s determination that an investigation of a complaint is not warranted or that an investigation should be closed without disciplinary proceedings to be subject to judicial review. The bill also requires a board that determines that no probable cause exists for a complaint to return the complaint to the complainant with a statement specifying the reasons for dismissal.