Iowa Admin. Code r. 191-34.4

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 191-34.4 - Arbitration

Parties defined in Iowa Code section 51413. may submit covered disputes to the commissioner The following procedures shall be followed when covered disputes are submitted to the commissioner

(1) The party seeking arbitration shall file a petition for arbitration requesting arbitration by the commissioner and setting forth the facts which are the basis for the dispute, together with a statement of the factual or legal issue(s), and the party's position on the issue(s), and serve a copy of the petition by certified mail upon the other party(ies) to the dispute. Proof of service shall be promptly filed with the commissioner

(2) The other party(ies) shall file within 20 days an answer to the petition for arbitration, admitting or denying the facts alleged in the petition and indicating whether there is agreement with the statement of the issue(s) in the petition and setting forth the other party's position on the issue(s). All papers other than the petition shall be served in accordance with Iowa Rule of Civil Procedure 1.415 with proof of service to be made in conformance therewith.

(3) The commissioner shall conduct a prehearing conference in accordance with rule 191-35. (17A,502,505) at which the commissioner may set a schedule for the submission of briefs by the parties, and, if necessary, shall provide for the holding of an evidentiary hearing. The parties are encouraged to stipulate to the facts and agree as to the legal issue(s).

(4) The commissioner may submit the dispute to a person selected by the commissioner, who may or may not be employed by the division, who shall make proposed findings and recommendations to the commissioner for a decision by the commissioner

[Editorial change: lAC Supplement 11/17/10]

Iowa Admin. Code r. 191-34.4