§ 169.14 — Procedure for suspension or revocation

Iowa § 169.14

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 169: VETERINARY PRACTICE

Text

A proceeding for the revocation or suspension of a license to practice veterinary medicine
or to discipline a person licensed to practice veterinary medicine shall be substantially in
accord with the following:
1. Theboard,uponitsownmotionoruponaverifiedcomplaintinwriting,mayrequestthe
department of inspections, appeals, and licensing to conduct an investigation of the charges

containedinthecomplaint. Thedepartmentofinspections,appeals,andlicensingshallreport
its findings to the board, and the board may issue an order fixing the time and place for
hearing if a hearing is deemed warranted. A written notice of the time and place of the
hearing,togetherwithastatementofthecharges,shallbeserveduponthelicenseeatleastten
daysbeforethehearinginthemannerrequiredfortheserviceofnoticeofthecommencement
of an ordinary action.
2. If the licensee has left the state, the notice and statement of the charges shall be so
served at least twenty days before the date of the hearing, wherever the licensee may be
found. If the whereabouts of the licensee is unknown, service may be had by publication as
provided in the rules of civil procedure upon filing the affidavit required by those rules. If the
licensee fails to appear either in person or by counsel at the time and place designated in the
notice, the board shall proceed with the hearing.
3. The hearing shall be before a member or members designated by the board or before
an administrative law judge appointed by the board according to the requirements of section
17A.11, subsection 1. The presiding board member or administrative law judge may issue
subpoenas, administer oaths, and take or cause depositions to be taken in connection with
the hearing. The member or officer shall issue subpoenas at the request and on behalf of the
licensee.
4. A mechanized or stenographic record of the proceedings shall be kept. The licensee
shall be given the opportunity to appear personally and by attorney, with the right to produce
evidence in one’s own behalf, to examine and cross-examine witnesses, and to examine
documentary evidence produced against the licensee.
5. Ifapersonrefusestoobeyasubpoenaissuedbythepresidingmemberoradministrative
law judge or to answer a proper question put to that person during the hearing, the presiding
member or administrative law judge may invoke the aid of a court of competent jurisdiction
in requiring the attendance and testimony of that person and the production of papers. A
failure to obey the order of the court may be punished by the court as a civil contempt may
be punished.
6. Unless the hearing is before the entire board, a transcript of the proceeding, together
with exhibits presented, shall be considered by the entire board at the earliest practicable
time. Thelicenseeandattorneyshallbegiventheopportunitytoappearpersonallytopresent
the licensee’s position and arguments to the board. The board shall determine the charge
upon the merits on the basis of the evidence in the record before it.
7. Upon three members of the board voting in favor of finding the licensee guilty of an act
or offense specified in section 169.13, the board shall prepare written findings of fact and its
decision imposing one or more of the following disciplinary measures:
a. Suspend the license to practice veterinary medicine for a period to be determined by
the board.
b. Revoke the license to practice veterinary medicine.
c. Suspend imposition of judgment and penalty or impose the judgment and penalty, but
suspend enforcement and place the veterinarian on probation. The probation ordered may
be vacated upon noncompliance. The board may restore and reissue a license to practice
veterinary medicine, and may impose a disciplinary or corrective measure which it might
originally have imposed.
8. Judicial review of the board’s action may be sought in accordance with chapter 17A.
9. The filing of a petition for review does not in itself stay execution or enforcement of
board action. Upon application, the board or the review court, in appropriate cases, may
order a stay pending the outcome of the review proceedings.

Legislative History

[C31, 35, §2799-d1, -d3, -d4, -d6; C39, §2799.1, 2799.3, 2799.4, 2799.6; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §169.37, 169.39, 169.40, 169.42; C79, 81, §169.14]