Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.25 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
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 other 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. Parties have the right to participate or to
				be represented in all hearings. Any party may be represented by an attorney at
				the party's expense.
(1)
Examination of witnesses.
All witnesses shall be sworn or
			 affirmed by the presiding officer or the court reporter, and shall be subject
			 to cross-examination. Board members and the administrative law judge have the
			 right to examine witnesses at any stage of a witness's testimony. The presiding
			 officer may limit questioning in a manner consistent with law.
(2)
Public hearing.
The
			 hearing shall be open to the public unless a licensee or licensee's attorney
			 requests in writing that a licensee disciplinary hearing be closed to the
			 public. At the request of a party or on the presiding officer's own motion, the
			 presiding officer may issue a protective order to protect all or a part of a
			 record or information which is privileged or confidential by law.
(3)
Record of proceedings.
Oral proceedings shall be recorded either by mechanical or electronic means or
			 by certified shorthand reporters. Oral proceedings or any part thereof shall be
			 transcribed at the request of any party with the expense of the transcription
			 charged to the requesting party. The recording or stenographic notes of oral
			 proceedings or the transcription shall be filed with and maintained by the
			 board for at least five years from the date of decision.
(4)
Order of proceedings.
Before testimony is presented, the record shall show the identities of any
			 board members present, the identity of the administrative law judge, the
			 identities of the primary parties and their representatives, and the fact that
			 all testimony is being recorded. In contested cases initiated by the board,
			 such as licensee discipline, hearings shall generally be conducted in the
			 following order, subject to modification at the discretion of the board:
a. The presiding officer or designated person
			 may read a summary of the charges and answers thereto and other responsive
			 pleadings filed by the respondent prior to the hearing.
b. The assistant attorney general
			 representing the state interest before the board shall make a brief opening
			 statement which may include a summary of charges and the names of any witnesses
			 and documents to support such charges.
c. Each respondent shall be offered the
			 opportunity to make an opening statement, including the names of any witnesses
			 the respondent(s) desires to call in defense. A respondent may elect to make
			 the opening statement just prior to the presentation of evidence by the
			 respondent(s).
d. The presentation
			 of evidence on behalf of the state.
e. The presentation of evidence on behalf of
			 the respondent(s).
f.Rebuttal
			 evidence on behalf of the state, if any.
g. Rebuttal evidence on behalf of the
			 respondent(s), if any.
h. Closing
			 arguments first on behalf of the state, then on behalf of the respondent(s),
			 and then on behalf of the state, if any.
The order of proceedings shall be tailored to the nature of the
				contested case. In license reinstatement hearings, for example, the respondent
				will generally present evidence first because the respondent is obligated to
				present evidence in support of the respondent's application for reinstatement
				pursuant to rule
				193-7.38
				(17A,272C). In license denial hearings, the state will generally first
				establish the basis for the board's denial of licensure, but thereafter the
				applicant has the burden of establishing the conditions for licensure pursuant
				to rule
				193-7.39
				(546,272C).