Failure to make such an election will only result in the appeal being heard by the Classification Appeal Committee and does not waive any other substantive rights. If either party elects to have an administrative law judge preside at the hearing, the request must be made within ten days of the Notice of Appeal to the Director of the Iowa Department of Personnel, or the Director s designee. A qualified administrative law judge is unavailable to hear the case within a reasonable time. The case involves significant policy issues of first impression that are inextricably intertwined with the factual issues presented. The demeanor of the witnesses is likely to be dispositive in resolving the disputed factual issues.
Funds are unavailable to pay the costs of an administrative law judge and an intra-agency appeal.
The request was not timely made. There is other identified good cause, as specified by rule, for denying the request. The Director or Director s designee will promptly notify the parties of any decision regarding a request for an administrative law judge. If the Department of Management does not approve the funding for the reclassification, duties commensurate with the previous job classification must be restored within 3 pay periods following that decision.