Iowa Admin. Code r. 193-7.10 - [Effective until 8/14/2024] Presiding officer
(1) The presiding officer in all licensee
disciplinary contested cases shall be the board, a panel of board members, or a
panel of nonboard member specialists as provided in Iowa Code subsections
272C.6(1)
and (2). When board members act as presiding
officer, they shall conduct the hearing and issue either a final decision or,
if a quorum of the board is not present, a proposed decision. As provided in
subrule 7.10(4), the board may be assisted by an administrative law judge when
the board acts as presiding officer
(2) In cases which do not pertain to licensee
discipline, the board may act as presiding officer or may notify the parties
that an administrative law judge will act as presiding officer at hearing and
issue a proposed decision. The use of an administrative law judge as presiding
officer is only an option in cases which do not pertain to licensee discipline
because only the board may conduct licensee discipline hearings pursuant to
Iowa Code section
272C.6.
Any party to a nondisciplinary case who wishes to request that the presiding
officer assigned to render a proposed decision be an administrative law judge
employed by the department of inspections and appeals must file a written
request within 20 days after service of a notice of hearing which identifies
the presiding officer as the board. The board may deny the request only upon a
finding that one or more of the following apply:
a. Neither the board nor any officer of the
board under whose authority the contested case is to take place is a named
party to the proceeding or a real party in interest to that
proceeding.
b. There is a
compelling need to expedite issuance of a final decision in order to protect
the public health, safety, or welfare.
c. The case involves a disciplinary hearing
to be held by the board pursuant to Iowa Code section
272C.6.
d. The case involves significant policy
issues of first impression that are inextricably intertwined with the factual
issues presented.
e. The demeanor
of the witnesses is likely to be dispositive in resolving the disputed factual
issues.
f. Funds are unavailable to
pay the costs of an administrative law judge and an interboard
appeal.
g. The request was not
timely filed.
h. The request is not
consistent with a specified statute.
(3) The board shall issue a written ruling
specifying the grounds for its decision within 20 days after a request for an
administrative law judge is filed. If the ruling is granted, the administrative
law judge assigned to act as presiding officer and issue a proposed decision in
a nondisciplinary contested case shall have a J.D. degree unless waived by the
board.
(4) The board or a panel of
board members when acting as presiding officer may request that an
administrative law judge perform certain functions as an aid to the board or
board panel, such as ruling on prehearing motions, conducting the prehearing
conference, ruling on evidentiary objections at hearing, assisting in
deliberations, or drafting the written decision for review by the board or
board panel.
(5) All rulings by an
administrative law judge who acts either as presiding officer or assistant to
the board are subject to appeal to the board pursuant to rules 7.3I(I7A) and
7.32(I7A). A party must timely seek intra-agency appeal of prehearing rulings
or proposed decisions in order to exhaust adequate administrative remedies.
While a party may seek immediate board or board panel review of rulings made by
an administrative law judge when sitting with and acting as an aid to the board
or board panel during a hearing, such immediate review is not required to
preserve error for judicial review.
(6) Unless otherwise provided by law, board
members, when reviewing a proposed decision of a panel of the board or an
administrative law judge, shall have the powers of and shall comply with the
provisions of this chapter which apply to presiding officers.
Notes
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