Iowa Admin. Code r. 129-20.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 129-20.6 - Contested cases

A contested case initiated pursuant to this chapter shall be a contested case proceeding and shall be conducted in accordance with the provisions of the office's rules governing contested case proceedings (129-Chapter 6) unless the provisions of this rule provide otherwise. The definitions in rule 129-6.2 (8B, 17A) shall also apply to this rule.

(1)Notice of hearing. Upon receipt of a request for a contested case proceeding, the office shall inform the department of inspections and appeals of the filing and of relevant information pertaining to the appeal in question. The department of inspections and appeals shall send a written notice of the date, time and location of the hearing to all affected persons or parties who initiated a contested case related to the broadband block(s) forming the basis of the contested case, or appealed the office's determination of the broadband block(s) forming the basis of the contested case pursuant to subrule 20.5(1), or submitted evidence or information to the office pursuant to subrule 20.5(3) directly related to the broadband block(s) forming the basis of the contested case. The presiding officer shall hold a hearing on the matter within 60 days of the date the notice of appeal was received by the office.

(2)Consolidation. In the event any contested cases concerning the same broadband block(s) are initiated separately, such matters shall be consolidated.

(3)Discovery. The parties shall serve any discovery requests upon other parties at least 30 days prior to the date set for the hearing. The parties must serve responses to discovery at least 15 days prior to the date set for the hearing.

(4)Witnesses and exhibits. The parties shall contact each other regarding witnesses and exhibits at least 10 days prior to the date set for the hearing. In order to avoid duplication or the submission of extraneous materials, the parties must meet, either in person, by telephone, or by electronic means, prior to the hearing regarding the evidence to be presented.

(5)Telephone hearing. If the hearing is conducted by telephone or other electronic means, the parties must deliver all exhibits to the office of the presiding officer at least 3 days prior to the time the hearing is conducted. Telephone hearings shall be strongly encouraged.

Iowa Admin. Code r. 129-20.6

Adopted by IAB October 26, 2016/Volume XXXIX, Number 09, effective 11/30/2016

Amended by IAB September 9, 2020/Volume XLIII, Number 6, effective 10/14/2020