Iowa Administrative Code › Agency 721 - Secretary of State › Division I - Administration › Chapter 3 - Administrative Hearings › Rule 721-3.6 - Contested Case Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Subpoenas.
When necessary for the full presentation of a
				contested case, the presiding officer shall issue subpoenas for the attendance
				and testimony of witnesses and for the production of written or recorded
				materials of any kind which are relevant or material to any matter at issue in
				the hearing. Any individual who desires the issuance of a subpoena shall file a
				request with the presiding officer, designating the witnesses or documents to
				be produced and describing their address or location. When prepared by the
				presiding officer, the subpoena shall be returned to the requesting party for
				service; and the requesting party shall bear all costs associated with serving
				the subpoenas. Service may be made in any manner allowed by law, but must be
				performed prior to the hearing date.
(2)
Rules of evidence.
The
				presiding officer is not bound to follow the technical common law rules of
				evidence. A finding shall be based upon the kind of evidence which reasonably
				prudent persons are accustomed to rely upon for the conduct of their serious
				affairs, and may be based upon such evidence even if it would be inadmissible
				in a jury trial. The presiding officer may give probative effect to evidence on
				which reasonably prudent persons are accustomed to rely for the conduct of
				their serious affairs. Irrelevant, immaterial, or unduly repetitious evidence
				may be excluded. The presiding officer shall give effect to the rules of
				privilege recognized by law. Subject to these requirements, when a hearing will
				be expedited and the interests of the parties will not be prejudiced
				substantially, any part of the evidence may be required to be submitted in
				verified written form. Any party intending to submit evidence in written
				verified form, shall notify any other individuals at least seven working days
				prior to the hearing so that any objections can be filed with the presiding
				officer. Documentary evidence may be received in the form of copies or
				excerpts, if the original is not readily available. Upon request, parties shall
				be given an opportunity to compare the copy with the original, if
				available.
(3)
Discovery.
Discovery procedures may be utilized as permitted
				under the procedures of the Iowa rules of civil procedure. Depositions taken in
				accordance with the Iowa rules of civil procedure may be used as evidence with
				the approval of the presiding officer.
(4)
Presentation of testimony and
				evidence.
In the hearing, each party shall have the right to present
				evidence and the testimony of witnesses, who shall testify under oath, and to
				cross-examine the witnesses of another individual. A person who has submitted
				testimony in written form is subject to cross-examination if that person is
				available. Opportunity shall be afforded to each party for redirect and
				recross-examination, and to present evidence and testimony as rebuttal to
				evidence presented by another party. Witnesses shall be subject to examination
				by the presiding officer. The presiding officer may, upon the motion of any
				party or its own motion, order the sequestration of witnesses.
(5)
Briefs.
The presiding
				officer may order the filing of briefs on any of the issues presented in the
				contested case.
(6)
Record.
The record in a contested case shall include:
a. All pleadings, motions and intermediate
				rulings.
b. All evidence received
				or considered and all other submissions.
c. A statement of all matters officially
				noticed.
d. All questions and
				offers of proof, objections and rulings.
e. All proposed findings and
				exceptions.
f. Any decision,
				opinion or report by the officer presiding at the hearing.