Iowa Admin. Code r. 441-7.8

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 441-7.8 - Contested case hearing procedures

(1)Method. Contested case hearings may be conducted via telephone or videoconference. Upon request of a party to the appeal or order of the presiding officer, the contested case hearing shall be conducted in person.

(2)Evidence.

a. The parties to a contested case hearing may:

(1) Bring witnesses,

(2) Submit competent evidence to establish all pertinent facts and circumstances,

(3) Present arguments without undue interference,

(4) Question or refute any testimony or evidence, including through cross-examination, and

(5) Respond to evidence and arguments on all issues.

b. Evidence shall be received or excluded as provided in Iowa Code section 17A.14.

(3)Right to counsel. Parties to an appeal shall be permitted to be represented by counsel at the parties' own expense.

(4)Self-represented appellants. The presiding officer shall, at the officer's discretion, provide reasonable assistance to self-represented appellants. The presiding officer must, however, ensure that such assistance does not impact the independence and fairness of the contested case hearing process.

(5)Closed to public. Contested case hearings are closed to the public, and unless otherwise provided by state or federal law, only the parties, their representatives, permissible intervenors, and witnesses may be present for a contested case hearing in the absence of mutual agreement of the parties.

(6)Administration of appeals. Except as otherwise provided in this chapter or other applicable federal or state law, discretion in the conduct and administration of appeals is vested in the contested case hearing presiding officer.

(7)Contested cases with no factual dispute. If the parties in a contested case agree that there is no dispute of material fact, the parties may present all admissible evidence either by stipulation, or as otherwise agreed, in lieu of an evidentiary hearing. If an agreement is reached, the parties shall jointly submit a schedule for submission of the record, briefs and oral arguments to the presiding officer for approval. If the parties cannot agree, any party may file and serve a motion for summary judgment pursuant to the rules governing such motions.

Iowa Admin. Code r. 441-7.8

ARC 8003B, IAB 7/29/09, effective 9/2/09; ARC 0487C, IAB 12/12/12, effective 2/1/2013; ARC 0819C, IAB 7/10/2013, effective 9/1/2013; ARC 1261C, IAB 1/8/2014, effective 3/1/2014

Amended by IAB June 7, 2017/Volume XXXIX, Number 25, effective 7/12/2017

Amended by IAB July 19, 2017/Volume XL, Number 2, effective 7/1/2017

Amended by IAB October 11, 2017/Volume XL, Number 8, effective 11/15/2017

Amended by IAB July 4, 2018/Volume XLI, Number 1, effective 8/8/2018

Amended by IAB October 10, 2018/Volume XLI, Number 8, effective 12/1/2018

Amended by IAB March 11, 2020/Volume XLII, Number 19, effective 4/15/2020

Adopted by IAB May 29, 2024/Volume XLVI, Number 25, effective 7/3/2024