Iowa Admin. Code r. 193-7.14 - [Effective until 8/14/2024] Disqualification
(1) A presiding officer or other person shall
withdraw from participation in the making of any proposed or final decision in
a contested case if that person:
a. Has a
personal bias or prejudice concerning a party or a representative of a
party;
b. Has personally
investigated, prosecuted or advocated in connection with that case, the
specific controversy underlying that case, another pending factually related
contested case, or a pending factually related controversy that may culminate
in a contested case involving the same parties;
c. Is subject to the authority, direction or
discretion of any person who has personally investigated, prosecuted or
advocated, in connection with that contested case, the specific controversy
underlying that contested case, or a pending factually related contested case
or controversy involving the same parties;
d. Has acted as counsel to any person who is
a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
outcome of the case or any other significant personal interest that could be
substantially affected by the outcome of the case;
f. Has a spouse or relative within the third
degree of relationship that (1) is a party to the case, or an officer, director
or trustee of a party; (2) is a lawyer in the case; (3) is known to have an
interest that could be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the case; or
g. Has any other legally sufficient cause to
withdraw from participation in the decision making in that case.
(2) The term "personally
investigated" means taking affirmative steps to interview witnesses directly or
to obtain documents or other information directly. The term "personally
investigated" does not include general direction and supervision of assigned
investigators, unsolicited receipt of information which is relayed to assigned
investigators, review of another person's investigative work product in the
course of determining whether there is probable cause to initiate a proceeding,
or exposure to factual information while performing other board functions,
including fact gathering for purposes other than investigation of the matter
which culminates in a contested case. A person voluntarily appearing before the
board or a committee of the board waives any objection to a board member or
board staff both participating in the appearance and later participating as a
decision maker or aid to the decision maker in a contested case. Factual
information relevant to the merits of a contested case received by a person who
later serves as presiding officer in that case shall be disclosed if required
by Iowa Code section
17A.17(3)
and subrule 7.28(9).
(3) In a situation where a presiding officer
or other person knows of information which might reasonably be deemed to be a
basis for disqualification and decides voluntary withdrawal is unnecessary,
that person shall submit the relevant information for the record by affidavit
and shall provide for the record a statement of the reasons for the
determination that withdrawal is unnecessary.
(4) If aparty asserts disqualification on any
appropriate ground, including those listed in subrule 7.14(1), the party shall
file a motion supported by an affidavit pursuant to Iowa Code sections 17A.
11(3) and 17A.17(7). The motion must be filed as soon as practicable after the
reason alleged in the motion becomes known to the party.
(5) If, during the course of the hearing, a
party first becomes aware of evidence of bias or other grounds for
disqualification, the party may move for disqualification but must establish
the grounds by the introduction of evidence into the record.
(6) A motion to disqualify a board member or
other person shall first be directed to the affected board member or other
person for determination. If the board member or other person determines that
disqualification is appropriate, the board member or other person shall
withdraw from further participation in the case. If the board member or other
person determines that withdrawal is not required, the presiding officer shall
promptly review that determination, provided that, if the person at issue is an
administrative law judge, the review shall be by the board. If the presiding
officer determines that disqualification is appropriate, the board member or
other person shall withdraw. If the presiding officer determines that
withdrawal is not required, the presiding officer shall enter an order to that
effect. A party asserting disqualification may seek an interlocutory appeal
under rule
193-7.31
(17A), if applicable, and seek a stay under rule
193-7.34
(17A).
Notes
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