206.23A - COMMERCIAL PESTICIDE APPLICATOR PEER REVIEW PANEL.
206.23A COMMERCIAL PESTICIDE APPLICATOR PEER REVIEW
PANEL.
1. The department shall establish a commercial pesticide
applicator peer review panel to assist the department in assessing or
collecting a civil penalty pursuant to section 206.19. The secretary
shall appoint the following members:
a. A person actively engaged in the business of applying
pesticides by use of an aircraft and who is licensed as an aerial
commercial applicator in this state pursuant to section 206.6.
b. A person actively engaged in the business of applying
pesticides in urban areas on lawns and gardens, and who is licensed
as a commercial applicator pursuant to section 206.6.
c. A person actively engaged in the business of applying
pesticides within structures used for residential or commercial
purposes, and who is licensed as a commercial applicator pursuant to
section 206.6.
d. A person actively engaged in the business of applying
pesticides on agricultural land used for farming and who is licensed
as a commercial applicator pursuant to section 206.6.
e. A person certified as a public applicator pursuant to
section 206.5.
2. a. The members appointed pursuant to this section shall
serve four-year terms beginning and ending as provided in section
69.19. However, the secretary shall appoint initial members to serve
for less than four years to ensure that members serve staggered
terms. A member is eligible for reappointment. A vacancy on the
panel shall be filled for the unexpired portion of the regular term
in the same manner as regular appointments are made.
b. The panel shall elect a chairperson who shall serve for a
term of one year. The panel shall meet on a regular basis and at the
call of the chairperson or upon the written request to the
chairperson of two or more members. Three voting members constitute
a quorum and the affirmative vote of a majority of the members
present is necessary for any substantive action to be taken by the
panel. The majority shall not include any member who has a conflict
of interest and a statement by a member that the member has a
conflict of interest is conclusive for this purpose. A vacancy in
the membership does not impair the duties of the panel.
c. Notwithstanding section 7E.6, the members shall only
receive reimbursement for actual expenses for performance of their
official duties, as provided by the department.
d. The panel shall be staffed by the department.
3. The panel shall make recommendations to the department
regarding the establishment of civil penalties and procedures to
assess and collect penalties, as provided in section 206.19. The
panel may propose a schedule of penalties for minor and serious
violations. The department may adopt rules based on the
recommendations of the panel as approved by the secretary.
4. The panel shall review cases of persons required to be
licensed as commercial applicators who are subject to civil penalties
as provided in section 206.19 according to rules adopted by the
department. A review shall be performed upon request by the
secretary or the person subject to the civil penalty. The panel may
establish procedures for the review and establish a system of
prioritizing cases for review, consistent with rules adopted by the
department. The rules may exclude review of minor violations. The
review may also include the manner of assessing and collecting the
civil penalty. The findings and recommendations of the panel shall
be included in a response delivered to the department and the person
subject to the penalty. The response may include a recommendation
that a proposed civil penalty be modified or suspended, that an
alternative method of collection be instituted, or that conditions be
placed upon the license of a commercial applicator.
5. The department shall adopt rules establishing a period for the
review and response by the panel which must be completed prior to a
contested case hearing under chapter 17A. A hearing shall not be
delayed after the required period for review and response, except as
provided in chapter 17A.
6. This section does not apply to a license revocation
proceeding. This section does not require the department to delay
the prosecution of a case if immediate action is necessary to reduce
the risk of harm to the environment or public health or safety. This
section also does not require a review or response if the department
refers a violation of this chapter for criminal prosecution, or for
an action involving a stop order issued pursuant to section 206.16.
The department shall consider any available response by the panel,
but is not required to change findings of an investigation, a penalty
sought to be assessed, or a manner of collection.
7. An available response by the panel may be used as evidence in
an administrative hearing, or a civil or criminal case, except to the
extent that information is considered confidential pursuant to
section 22.7. Section History: Recent Form
93 Acts, ch 130, §2