Iowa Admin. Code r. 191-100.13

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 191-100.13 - Approval and denial of license applications; issuance of license

(1)Approval of license application. If the commissioner approves a license application, the commissioner shall issue a license, the term of which shall begin the day the license is issued and end April 15.

(2)License denial. The commissioner may deny a license application based on information received during the application process, on any ground listed in Iowa Code section 523A503. or rules 191-100.16 (523A) and 191-100.40 (523A).

a.Notice of denial. When the commissioner denies an application for a preneed seller or sales agent license, the commissioner shall send a denial letter to the applicant by certified mail, return receipt requested, or in the manner of service of an original notice. The denial letter shall serve as notice of the denial and shall explain why the commissioner denied the application.

b.Appeal. An applicant that desires to contest the denial of an application may request a contested case proceeding pursuant to 191-Chapter 3 within 30 calendar days of the date the notice of denial is mailed. A failure to timely request a hearing constitutes failure to exhaust administrative remedies. License denial hearings under this chapter shall be conducted pursuant to 191-Chapter 3. License denial hearings and all documents related thereto are contested cases open to the public pursuant to Iowa Code chapters 17A and 22. While each party shall have the burden of establishing the matters asserted, the applicant shall have the ultimate burden of persuasion as to the applicant's qualification for licensure.

Iowa Admin. Code r. 191-100.13

Adopted by IAB November 25, 2015/Volume XXXVIII, Number 11, effective 12/30/2015