169.14 - PROCEDURE FOR SUSPENSION OR REVOCATION.
169.14 PROCEDURE FOR SUSPENSION OR REVOCATION.
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. The board, upon its own motion or upon a verified complaint in
writing, may request the department of inspections and appeals to
conduct an investigation of the charges contained in the complaint.
The department of inspections and appeals shall report 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, together with a statement of
the charges, shall be served upon the licensee at least ten days
before the hearing in the manner required for the service of notice
of the commencement 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. If a person refuses to obey a subpoena issued by the presiding
member or administrative 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. The licensee
and attorney shall be given the opportunity to appear personally to
present 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. Section History: Early Form
[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] Section History: Recent Form
83 Acts, ch 115, § 9; 88 Acts, ch 1109, § 18; 88 Acts, ch 1158, §
44; 89 Acts, ch 296, §19; 98 Acts, ch 1202, §33, 46
Referred to in § 169.5, 169.8, 169.20