Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.25 - Hearing Procedures in Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Presiding officer.
The
			 presiding officer shall be in control of the proceedings and shall have the
			 authority to administer oaths and to admit or exclude testimony or evidence and
			 shall rule on all motions and objections. The board may request that an
			 administrative law judge assist the board by performing any of these
			 functions.
(2)
Panel of
			 specialists.
When, in the opinion of the board, it is desirable to
			 obtain specialists within an area of practice when holding disciplinary
			 hearings, the board may appoint a panel of three specialists who are not board
			 members to make findings of fact and to report to the board. Such findings
			 shall not include any recommendation for or against licensee
			 discipline.
(3)
Right of
			 participation or representation.
An applicant or respondent has the
			 right to participate or to be represented in all hearings related to the
			 party's case. Partnerships, corporations, or associations may be represented by
			 any member, officer, director, or duly authorized agent. Any applicant or
			 respondent may be represented by an attorney at the party's own
			 expense.
(4)
Objections.
All objections shall be timely made and stated on
			 the record.
(5)
Rights of
			 all parties.
Subject to terms prescribed by the presiding officer,
			 parties have the right to introduce evidence on issues of material fact,
			 cross-examine witnesses present at the hearing as necessary for a full and true
			 disclosure of the facts, present evidence in rebuttal, submit briefs, and
			 engage in oral argument.
(6)
Disorderly conduct.
The presiding officer shall maintain the
			 decorum of the hearing and may refuse to admit or may expel anyone whose
			 conduct is disorderly.
(7)
Sequestering witnesses.
Witnesses may be sequestered during
			 the hearing.
(8)
Appeal of
			 administrative law judge rulings.
All rulings by an administrative law
			 judge who acts either as presiding officer or as an aid to the board are
			 subject to appeal to the board. While a party may seek immediate board review
			 of rulings made by an administrative law judge when the administrative law
			 judge is sitting with and acting as an aid to the board or panel of specialists
			 during a hearing, such immediate review is not required to preserve error for
			 judicial review.
(9)
Conduct of hearing.
The presiding officer shall conduct the
			 hearing in the following manner:
a. The
			 presiding officer shall give an opening statement briefly describing the nature
			 of the proceedings;
b. The parties
			 shall be given an opportunity to present opening statements;
c. Parties shall present their cases in the
			 sequence determined by the presiding officer;
d. Each witness shall be sworn or affirmed by
			 the presiding officer or the court reporter and be subject to examination and
			 cross-examination. The board members and administrative law judge have the
			 right to question a witness. The presiding officer may limit questioning in a
			 manner consistent with law;
e. When
			 all parties and witnesses have been heard, parties may be given the opportunity
			 to present final arguments.