Iowa Administrative Code › Agency 653 - Medicine Board › Chapter 25 - Contested Case Proceedings › Rule 653-25.18 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Hearings are conducted before a quorum of the board. When a sufficient number
			 of board members are unavailable to hear a contested case, the executive
			 director, or the executive director's designee, may request alternate members,
			 as defined in rule
			 653-1.1 (17A,147) and
			 Iowa Code sections
			 148.2A
			 and
			 148.7(4),
			 to serve on the hearing panel. A hearing panel must include at least six
			 members, at least half of whom must be current board members, and at least half
			 of whom must be licensed to practice medicine under Iowa Code chapter
			 148.
(2) When, in the opinion of a
			 majority 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)
			 The presiding officer shall have the authority to administer oaths, to admit or
			 exclude testimony or other evidence, and to rule on all motions and objections.
			 The presiding officer may request that an administrative law judge perform any
			 of these functions and may be assisted and advised by an administrative law
			 judge.
(4) All objections shall be
			 timely made and stated on the record.
(5) Parties have the right to appear
			 personally and to be represented in all hearings or prehearing conferences
			 related to their case. Any party may be represented by an attorney at the
			 party's own expense.
(6) Subject to
			 terms and conditions 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, and submit briefs and engage in oral
			 argument. Subject to terms and conditions prescribed by the presiding officer,
			 parties may present the testimony of witnesses by affidavit, by written or
			 video deposition, in person, by telephone, or by videoconference.
(7) The presiding officer shall maintain the
			 decorum of the hearing and may refuse to admit or may expel anyone whose
			 conduct is disorderly.
(8)
			 Witnesses may be sequestered during the hearing.
(9) The presiding officer shall have
			 authority to grant immunity from disciplinary action to a witness as provided
			 by Iowa Code section
			 272C.6(3).
(10) 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. The 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 presiding officer may limit questioning in a manner
			 consistent with law.
e. When all
			 parties and witnesses have been heard, the parties may be given the opportunity
			 to present final arguments.