Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.3 - Procedures for Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Each board's procedures for licensee disciplinary hearings are
				applicable, except as provided in these rules.
(1) Upon receipt of a notice of vendor
			 appeal, the board will issue a written notice of the date, time and location of
			 the appeal hearing to both the aggrieved vendor or vendors and the successful
			 vendor. Service of the written notice of hearing will be sent to the email
			 address provided by the appellant unless the appellant specifically requests
			 that notice be sent by certified mail. A hearing will be held within 60 days of
			 the date the notice of appeal was received by the board.
(2) All hearings are open to the
			 public.
(3) Discovery requests, if
			 any, will be served by the parties within ten days of the filing of the notice
			 of appeal. Discovery responses or objections are due at least seven business
			 days prior to hearing.
(4) At least
			 three business days prior to the hearing, the parties will exchange witness and
			 exhibit lists. The parties will be limited at hearing to the witnesses and
			 exhibits timely disclosed unless the board finds good cause to allow additional
			 witnesses or exhibits at hearing.
(5) The hearing, at the option of the board
			 or administrative law judge, may be conducted in person, by telephone, or
			 virtually. When not conducted in person, all exhibits will be delivered to the
			 board or administrative law judge no less than two business days prior to the
			 hearing.
(6) Oral proceedings will
			 be recorded either by mechanized means or by certified shorthand reporters.
			 Parties requesting that the hearing be recorded by certified shorthand will
			 bear the costs. Copies of tapes of oral proceedings or transcripts of certified
			 shorthand reporters will be paid for by the requester.
(7) Any party appealing the issuance of a
			 notice of award may petition for stay of the award pending its review. The
			 petition will be filed with the notice of appeal and state the reasons
			 justifying a stay. The filing of the petition for stay does not automatically
			 stay the award. The board may grant a stay when it concludes that substantial
			 legal or factual questions exist as to the propriety of the award, the party
			 will suffer substantial and irreparable injury without the stay, and the
			 interest of the public or licensees will not be significantly harmed. A stay
			 may be vacated at any time upon application by any party or the board on its
			 own motion with prior notice to all parties.
(8) The record of the contested case includes
			 all materials specified in Iowa Code section
			 17A.12(6)  and
			 any other relevant procedural documents regardless of their form.
(9) The board or administrative law judge may
			 request the parties to submit proposed findings and conclusions or
			 briefs.
(10) Any request for
			 continuance needs to be in writing, specifying the grounds, and filed no later
			 than seven business days prior to hearing.
(11) Requests for rehearing need to be made
			 to the board within 20 days of issuing a final decision. A rehearing may be
			 granted when new legal issues are raised, new evidence is available, an obvious
			 mistake is corrected, or when the decision is not necessary to exhaust
			 administrative remedies.
(12)
			 Judicial review of the board's final decision may be sought in accordance with
			 the contested case provisions of Iowa Code section
			 17A.19.