Section 282.11.36. Denial of renewal application.

If the executive director denies an application to renew a license, certificate or authorization, a notice of hearing shall be issued to commence a contested case proceeding. The executive director may deny a renewal application on the same grounds as those that apply to an application for initial or exchange licensure described in subrules 11.35(1) to 11.35(3).

       11.36(1) Hearing procedure. Hearings on denial of an application to renew a license shall be conducted according to the contested case procedural rules in this chapter. Evidence supporting the denial of the license may be presented by an assistant attorney general. The provisions of subrules 11.35(4) and 11.35(5) shall apply.

       11.36(2) Judicial review. Judicial review of a final order of the board denying renewal of licensure may be sought in accordance with the provisions of Iowa Code section 17A.19 which are applicable to judicial review of an agency’s final decision in a contested case.

       11.36(3) Impact of denial of renewal application. Pursuant to Iowa Code section 17A.18(2), if the licensee has made timely and sufficient application for renewal, an existing license shall not expire until the last day for seeking judicial review of the board’s final order denying the application or a later date fixed by order of the board or reviewing court.

       11.36(4) Timeliness of renewal application. Within the meaning of Iowa Code section 17A.18(2), a timely and sufficient renewal application shall be:

        a.           Received by the board on or before the date the license is set to expire or lapse;

        b.           Signed by the licensee if submitted in paper form or certified as accurate if submitted electronically;

        c.           Fully completed; and

        d.           Accompanied by the proper fee. The fee shall be deemed improper if the amount is incorrect, the fee was not included with the application, or the licensee’s check is unsigned or returned for insufficient funds.