The board, in its discretion, may refer a vendor appeal to the
department of inspections and appeals for hearing before a qualified
administrative law judge. The hearing procedures shall be substantially the
same, but the ruling of an administrative law judge acting as the sole
presiding officer shall constitute a proposed decision. Board review of a
proposed decision shall be according to Iowa Code subsection
17A.15(2)
and this chapter. Nothing in this rule shall
prevent the board from hearing a vendor appeal with the assistance of an
administrative law judge. This rule merely authorizes an alternative procedure.
The appealing vendor may also request that an administrative law judge act as
presiding officer pursuant to 193 lAC 7.10(2).
(1) The proposed decision shall become the
final decision of the board 14 days after mailing of the proposed decision,
unless prior to that time a party submits an appeal of the proposed decision,
or the board seeks review on its own motion.
(2) Notice of an appeal for review of a
proposed decision or notice of the board's own review shall be mailed to all
parties by the board's executive officer Within 14 days after mailing of the
notice of appeal or the board's review, any party may submit to the board
exceptions to and a brief in support of or in opposition to the proposed
decision, copies of which shall be mailed by the submitting party to all other
parties to the proceeding. The board's executive officer shall notify the
parties if oral argument will be heard and shall specify whether oral argument
will be heard in person, by telephone or on the Iowa communications network.
The executive officer shall schedule the board's review of the proposed
decision not less than 30 days after mailing of the notice of appeal or the
board's own review.
(3) Failure to
appeal a proposed decision will preclude judicial review unless the board
reviews on its own motion.
(4)
Review of a proposed decision shall be based on the record and limited to the
issues raised in the hearing. The issues shall be specified in the notice of
appeal of a proposed decision. The party requesting the review shall be
responsible for transcribing any tape of the oral proceedings or arranging for
a transcript of oral proceedings reported by a certified shorthand
reporter.
(5) Each party shall have
the opportunity to file exceptions and present briefs. The executive officer
may set deadlines for the submission of exceptions or briefs. If oral argument
will be held, the executive officer shall notify all parties of the date, time
and location at least ten days in advance.
(6) The board shall not receive any
additional evidence, unless it grants an application to present additional
evidence. Any such application must be filed by a party no less than five
business days in advance of oral argument. Additional evidence shall be allowed
only upon a showing that it is material to the outcome and that there were good
reasons for failure to present it at hearing. If an application to present
additional evidence is granted, the board shall order the conditions under
which it shall be presented.
(7)
The board's final decision shall be in writing and it may incorporate all or
part of the proposed decision.
