Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.18 - Procedures for Vendor Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
The vendor appeal shall be a contested case proceeding and
				shall be conducted in accordance with 751IAC 4, unless the provisions of this
				rule provide otherwise.
(1)
Hearing.
Upon receipt of a notice of vendor appeal, the
			 commission shall contact the department of inspections and appeals to arrange
			 for a hearing. The department of inspections and appeals shall send a written
			 notice of the date, time and location of the appeal hearing to the aggrieved
			 vendor or vendors. The presiding officer shall hold a hearing on the vendor
			 appeal within 45 days of the date the notice of appeal was received by the
			 commission.
(2)
Discovery.
The parties shall serve any discovery requests upon
			 the other parties at least 20 days prior to the date set for hearing. The
			 parties must serve responses to discovery at least 10 days prior to the date
			 set for the hearing.
(3)
Witnesses and exhibits.
The parties shall contact each other
			 regarding witnesses and exhibits at least ten days prior to the time set for
			 the hearing. The parties must meet prior to the hearing regarding the evidence
			 to be presented in order to avoid duplication or the submission of extraneous
			 materials.
(4)
Evidence for
			 a telephone or network hearing.
If the hearing is conducted by
			 telephone or on the fiberoptic network, the parties must deliver all exhibits
			 to the office of the presiding officer three days prior to the time the hearing
			 is conducted. Any exhibits which have not been served on the opposing party
			 should be served at least seven days prior to the hearing.
(5)
Contents of decision.
The administrative law judge shall issue a proposed decision in writing that
			 includes findings of fact and conclusions of law stated separately. The
			 decision shall be based on the record of the contested case and shall conform
			 with Iowa Code chapter 17A. The decision shall be sent to all parties by
			 first-class mail.
(6)
Record requirements.
The record of the contested case shall
			 include all materials specified in Iowa Code subsection 17A. 12(6). The record
			 shall also include any request for a contested case hearing and other relevant
			 procedural documents regardless of their form.
a.
Method of recording.
Oral proceedings in connection with a vendor appeal shall be recorded either by
			 mechanized means or by certified shorthand reporters. Parties requesting that
			 the hearing be recorded by certified shorthand reporters shall bear the
			 costs.
b.
Transcription.
Oral proceedings in connection with a hearing in a case
			 or any portion of the oral proceedings shall be transcribed at the request of
			 any party with the expense of the transcription charged to the requesting
			 party.
c.
Tapes.
Copies of tapes of oral proceedings may be obtained from the presiding officer
			 at the requester's expense.
d.
Retention time.
The recording or stenographic notes of oral
			 proceedings or the transcription shall be filed and maintained by the
			 commission for at least five years from the date of the proposed
			 decision.