Iowa Admin. Code r. 193-7.32 - [Effective until 8/14/2024] Appeals and review
(1)
Proposed decision.
Decisions issued by a panel of less than a quorum of the board or by an
administrative law judge are proposed decisions. All licensee disciplinary
decisions must be issued by the board. A proposed disciplinary decision issued
by a panel of the board must be acted upon by the full board in order to become
a final decision. In nondisciplinary cases, a proposed decision issued by a
panel of the board or an administrative law judge becomes a final decision if
not timely appealed by any party or reviewed by the board.
(2)
Appeal by party. Any
adversely affected party may appeal a proposed decision to the board within 30
days after issuance of the proposed decision. Such an appeal is required to
exhaust administrative remedies and is a jurisdictional prerequisite to seeking
judicial review.
(3)
Review. The board may initiate review of a proposed decision
on its own motion at any time within 30 days following the issuance of such a
decision.
(4)
Notice of
appeal. An appeal of a proposed decision is initiated by filing a
timely notice of appeal with the board. The notice of appeal must be signed by
the appealing party or a representative of that party and contain a certificate
of service. The notice shall specify:
a. The
parties initiating the appeal;
b.
The proposed decision or order which is being appealed;
c. The specific findings or conclusions to
which exception is taken and any other exceptions to the decision or
order;
d. The relief
sought;
e. The grounds for
relief.
(5)
Requests to present additional evidence. A party may request
the taking of additional evidence only by establishing that the evidence is
material, that good cause existed for the failure to present the evidence at
the hearing, and that the party has not waived the right to present the
evidence. A written request to present additional evidence must be filed with
the notice of appeal or, by a nonappealing party, within 14 days of service of
the notice of appeal. The board may remand a case to the presiding officer for
further hearing or may itself preside at the taking of additional
evidence.
(6)
Scheduling. The board shall issue a schedule for consideration
of the appeal.
(7)
Briefs
and arguments. Unless otherwise ordered, within 20 days of the notice
of appeal or order for review, each appealing party may file exceptions and
briefs. Within 20 days thereafter, any party may file a responsive brief.
Briefs shall cite any applicable legal authority and specify relevant portions
of the record in that proceeding. Written requests to present oral argument
shall be filed with the briefs. The board may resolve the appeal on the briefs
or provide an opportunity for oral argument. The board may shorten or extend
the briefing period as appropriate.
(8)
Record. The record on
appeal or review shall be the entire record made before the hearing panel or
administrative law judge.
Notes
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