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 will be in control of the proceedings and
				have the authority to administer oaths and to admit or exclude testimony or
				other evidence and 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 will be sworn or affirmed by the presiding
			 officer or the court reporter and 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 will 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 that is privileged or confidential by law.
(3)
Record of proceedings.
Oral proceedings will be recorded either by mechanical or electronic means or
			 by certified shorthand reporters. Oral proceedings or any part thereof will 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 will 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 will 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 will 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 will make a brief opening
			 statement that may include a summary of charges and the names of any witnesses
			 and documents to support such charges.
c. Each respondent will 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 will 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).