Iowa Admin. Code r. 641-32.2

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 641-32.2 - [Effective until 6/19/2024] Grounds for discipline

The board may impose any of the disciplinary sanctions provided in rule 641-32.3 (105,272C) when the board determines that the licensee is guilty of any of the following acts or offenses:

(1) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, an intentional perversion of the truth in making application for a license to practice in this state, which includes the following:

a. False representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state, or

b. Attempting to file or filing with the board or the department of public health any false or forged diploma, certificate, affidavit, identification or qualification in making an application for a license in this state.

(2) Professional incompetence. Professional incompetence includes, but is not limited to:

a. A substantial lack of knowledge or ability to discharge professional obligations within the scope of the applicable licensed trade.

b. A substantial deviation from the standards of learning or skill ordinarily possessed and applied by others licensed in the applicable trade in the state of Iowa acting in the same or similar circumstances.

c. A failure to exercise the degree of care which is ordinarily exercised by the average licensee in the applicable trade acting in the same or similar circumstances.

d. Failure to conform to the minimal standard of acceptable and prevailing practice of a licensee in the applicable trade in this state.

e. Inability to practice in the trade with reasonable skill and safety by reason of illness, drunkenness, excessive use of drugs, narcotics, chemicals, or other type of material or as a result of a mental or physical condition.

f. Being adjudged mentally incompetent by a court of competent jurisdiction.

(3) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.

(4) Habitual intoxication or addiction to the use of drugs.

(5) Conviction of a disqualifying offense in the courts of this state or another state, territory, or country. A file-stamped copy of the final order or judgment or conviction or plea of guilty in this state or another state, territory, or country constitutes conclusive evidence of the conviction.

(6) Fraud in representations as to skill or ability.

(7) Use of untruthful or improbable statements in advertisements.

(8) Willful or repeated violations of Iowa Code chapter 105 or 272C.

(9) Violation of a board rule.

(10) Nonpayment of a state debt as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 272D and 641-Chapter 194.

(11) Permitting another person to use the licensee's wall certificate, wallet card, or license number for any purpose.

(12) Failure to timely submit the requested materials in response to a compliance review conducted pursuant to 641-30.5 (105).

(13) Failure to meet the continuing education requirements for licensure.

(14) Submission of a false report of continuing education.

(15) Failure to pay any outstanding fees or costs owed to the board.

(16) Acceptance of any fee by fraud or misrepresentation.

(17) Negligence by the licensee in the practice of the trade. Negligence by the licensee in the practice of the trade includes a failure to exercise due care, including negligent delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice, or conditions which impair the ability to safely and skillfully practice the trade.

(18) Violation of a law, ordinance, or regulation of this state, or a political subdivision therein, another state, or the United States, which relates to the practice of the profession.

(19) Revocation, suspension, or other disciplinary action taken by a licensing authority of this state, another state, territory, or country; or failure by the licensee to report in writing to the board revocation, suspension, or other disciplinary action taken by a licensing authority within 30 days of the final action. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board.

(20) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the practice in the trade in another state, district, territory, or country.

(21) Failure to notify the board of a criminal conviction within 30 days of the action, regardless of the jurisdiction where it occurred.

(22) Failure to notify the board within 30 days after the occurrence of any judgment entered on or settlement of a claim or action related to the profession.

(23) Engaging in any conduct that subverts or attempts to subvert a board investigation.

(24) Failure to comply with a subpoena issued by the board or otherwise fail to cooperate with an investigation of the board.

(25) Failure to comply with the terms of a board order or the terms of a settlement agreement or consent order.

(26) Failure to report another licensee to the board for any violations listed in these rules, pursuant to Iowa Code section 272C.9.

(27) Knowingly aiding, assisting, procuring, or advising a person to unlawfully practice a trade included in Iowa Code chapter 105.

(28) Failure to report a change in name or address within 30 days after it occurs.

(29) Representing oneself as a licensed tradesperson when one's license has been suspended or revoked or when the license is on inactive status.

(30) Permitting another person to use the licensee's license for any purpose.

(31) Permitting an unlicensed employee or person under the licensee's control to perform activities that require a license.

(32) Failure to apply and obtain a permit prior to performing work, if required by the state or a political subdivision therein.

(33) Failure to pay all inspection fees, if required by the state or a political subdivision therein.

(34) Failure to pay a permit fee, if required by the state or a political subdivision therein.

(35) Practice outside the scope of the license, which shall include, but not be limited to:

a. Practicing as a journeyperson without the supervision of a master.

b. Practicing in a trade for which the licensee does not hold a board-issued license.

c. Contracting for plumbing or mechanical work in the state of Iowa without a board-issued contractor license.

(36) Practicing on a lapsed license.

(37) Practicing as a contractor without valid bonding or insurance, as required by Iowa Code section 105.19.

Iowa Admin. Code r. 641-32.2

ARC 8531B, IAB 2/24/10, effective 1/26/10; ARC 1222C, IAB 12/11/2013, effective 1/15/2014

Amended by IAB May 6, 2020/Volume XLII, Number 23, effective 6/24/2020

Amended by IAB July 14, 2021/Volume XLIV, Number 1, effective 8/18/2021