Iowa Admin. Code r. 193G-7.5

Current through Register Vol. 47, No. 8, October 30, 2024

Rule 193G-7.5 - Reinstatement

(1) The term "reinstatement" as used in this rule and in rule 193-7.38 (17A,272C) shall include the reinstatement of a suspended registration, the modification or removal of a practice restriction, the issuance of a registration following the denial of an application to renew a registration, and the issuance of a new registration following the revocation or voluntary surrender of a registration.

(2) Any person whose registration has been revoked, suspended or restricted by the board, or who has voluntarily surrendered a registration to conclude a disciplinary investigation or proceeding, or whose application to renew a registration has been denied may apply to the board to modify or terminate the suspension, issue or reissue the registration, or modify or remove the restriction in accordance with the provisions of this rule, and the terms of the order of revocation, suspension or restriction, denial of registration renewal, or acceptance of voluntary surrender of a registration.

(3) If the applicable order did not establish terms upon which the registrant may apply for reinstatement, an initial application for reinstatement may not be made until one year has elapsed from the date of the order which revoked, suspended or restricted the registration, denied registration renewal, or accepted a voluntary surrender

(4) All proceedings for reinstatement shall be initiated by the respondent and shall be subject to the procedures set forth in rule 193-7.38 (17A,272C). In addition, the board may grant an applicant's request to appear informally before the board prior to the issuance of a notice of hearing on the application if the applicant requests an informal appearance in the application and agrees not to seek to disqualify on the ground of personal investigation the board members or staff before whom the applicant appears.

(5) An order granting an application for reinstatement may impose such terms and conditions as the board deems desirable, which may include one or more of the types of disciplinary sanctions described in rule 193G-7.3 (272C,544C).

(6) The board shall not grant an application for reinstatement when the initial order which revoked, suspended or restricted the registration, denied registration renewal, or accepted a voluntary surrender was based on a criminal conviction and the applicant cannot demonstrate to the board's satisfaction that:

a. All terms of the sentencing or other criminal order have been fully satisfied;

b. The applicant has been released from confinement and any applicable probation or parole; and

c. Restitution has been made or is reasonably in the process of being made to any victims of the crime.

Iowa Admin. Code r. 193G-7.5