Iowa Administrative Code › Agency 441 - Human Services Department › Title I - General Departmental Procedures › Chapter 7 - Appeals and Hearings › Rule 441-7.6 - Prehearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Acknowledgment of appeal.
When the appeals section receives a
				request for appeal, it shall send acknowledgment of the receipt of the appeal
				to the parties to the appeal. For appeals regarding child abuse, all subjects
				other than the person alleged responsible (party-in-interest) will be notified
				of the opportunity to file a motion to intervene as provided in Iowa Code
				section 235A.19.
(2)
Acceptance or denial of
				appeal.
The appeals section will determine with reasonable promptness
				whether the party-in-interest is entitled to a contested case hearing. If a
				request is accepted, the appeals section will certify the appeal to DIAL and
				designate the issues on appeal. If a request for a contested case hearing is
				denied, the appeals section will provide written notice of and the reasons for
				the denial. On or before the thirtieth day following the denial, the individual
				requesting the appeal may provide additional information related to the
				individual's asserted right to a contested case hearing and request
				reconsideration of the denial.
(3)
Designation of issues for appeal.
a.
Initial designation.
After determining that the party-in-interest is entitled to a contested case
				hearing, the appeals section will designate the issues to be decided at the
				contested case hearing. The issues designated shall be certified to DIAL and be
				identified in the notice of hearing issued pursuant to subrule
				7.6(5).
b.
Additional
				designation of issues.
If any party believes additional issues should
				be designated, the party shall identify the additional issues within the
				following timelines. The presiding officer shall determine whether all issues
				have properly been preserved.
(1) Child abuse
				and dependent adult abuse registry appeals. For child abuse and dependent adult
				abuse registry appeals, the party shall identify additional issues at least 30
				days before the date of hearing.
(2) Appeals set on or before the tenth day
				following the notice of hearing. If the hearing is on or before the tenth day
				following the date of the notice of hearing, the party shall identify any
				additional issues at the hearing.
(3) All other appeals. For all other appeals
				not identified in this paragraph, the party shall identify the additional
				issues on or before the tenth day following the date of the notice of
				hearing.
(4)
Group hearings
				regarding medical assistance.
The appeals section may respond to a
				series of related, individual requests for hearings regarding medical
				assistance by consolidating individual hearings into a single group hearing
				where the sole issue is based on state or federal law or policy. An appellant
				scheduled for a group hearing may withdraw and request an individual
				hearing.
(5)
Notice of
				hearing.
a.
Issuance of hearing notice.
Except as provided in paragraph
				7.6(5)
"b,"
DIAL shall send notice to the parties of the appeal
				at least ten calendar days in advance of the hearing setting forth the date,
				time, method, and place of the hearing; that evidence may be presented orally
				or documented to establish pertinent facts; that the parties may bring and
				question witnesses and refute testimony; and that the parties may be
				represented by others, including an attorney, at the parties' own cost and as
				subject to state and federal law. Notice shall be mailed by first-class mail,
				postage prepaid, and addressed to the appellant at the appellant's last-known
				address.
b.
Intentional
				program violation hearing notices.
DIAL shall send notices of hearing
				regarding alleged intentional program violations at least 30 days in advance of
				the hearing date. The notices under this paragraph shall otherwise comply with
				the requirements of paragraph 7.6(5)
"a."