Iowa Admin. Code r. 641-77.9

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

Rule 641-77.9 - Review, approval or denial of district board of health formation

(1) Upon receipt of the application form and all information contained in rule 641-77.8 (137), the department shall review such information and shall determine, within 30 days, whether the required elements have been presented by the proposed district.

(2) The department shall present its findings to the state board of health at the board's next regularly scheduled meeting, at which time the state board of health may approve formation of the district board of health.

(3) The state board of health shall immediately provide notice of approval of district board of health formation, including effective dates, to the county board of health of each county in the district and to the board of supervisors of each county in the district.

(4) Upon receipt of the notice of approval of district board of health formation, each appointing authority shall, prior to the effective date of district board of health formation, appoint district board of health members as specified in Iowa Code section 137.105.

(5) The state board of health has the authority to deny formation of a district board of health if the application fails to conform with Iowa Code chapter 137 as amended by 2016 Iowa Acts, Senate File 2159, or this chapter.

(6) The department will notify, in writing, all local boards of health in the proposed district of the reason and rationale for the denial of the district board of health formation within 30 days of the decision.

(7) The local boards of health in the proposed district shall have the right to request reconsideration of the decision by submitting the request to the department within 30 days of receiving notice of the decision.

(8) The state board of health shall reconsider the request by the local boards of health at its next regularly scheduled meeting. The reconsideration shall not constitute a contested case hearing. The state board of health's final decision following reconsideration shall constitute final agency action pursuant to Iowa Code section 17A.19, and judicial review of any such decision shall be treated as other agency action.

Iowa Admin. Code r. 641-77.9

ARC 9773B, lAB 10/5/11, effective 11/9/11

Amended by IAB December 7, 2016/Volume XXXIX, Number 12, effective 1/11/2017