reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 1 - Organization › Rule 486-1.2 - Jurisdiction and Filing of Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The employment
			 appeal board has authority to hear appeals or to review records on appeal in
			 the following areas:
1. Department of
			 personnel actions under Iowa Code chapter 19A.
2. Peace officer and capitol security
			 discharges under Iowa Code chapter 80.
3. Occupational Safety and Health Act
			 citations under Iowa Code chapter 88.
4. Elevator code citations under Iowa Code
			 chapter 89A.
5. Contractor
			 registration citations under Iowa Code chapter 91C.
6. Unemployment insurance appeals under Iowa
			 Code chapter 96.
7. IPERS appeals
			 under Iowa Code chapter 97B.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 2 - General Rules of Procedure › Rule 486-2.1 - General Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The following rules of general procedure will apply to all appeals and hearings conducted by the employment appeal board. Unless otherwise specified by rules within the chapters on particular areas, these rules apply. If no rule covers a specific provision, the rules of civil procedure shall be used to provide guidance.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 2 - General Rules of Procedure › Rule 486-2.3 - Ex Parte Communications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  An ex parte communication is an oral or written communication relating directly to the facts or legal questions at issue in a contested case proceeding which is made by a party in interest to the employment appeal board without the knowledge of or outside the presence of the other parties and with the object of affecting the outcome of the case.
(2)  Ex parte communication does not include:
a. Statements given by the parties to claims representatives for use in making the initial determination;
b. Statements contained in any party's appeal from an initial determination;
c. Statements relating only to procedural or scheduling matters, such as requests for discovery, subpoenas, postponements or withdrawals of appeals; or
d. Requests for clarification of a legal issue involved in a contested case, but only to the extent of requesting information on the applicable law and not as to matters of fact.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.2 - Removals

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Within ten days following the decision of an administrative law judge, and in the absence of a filing of a notice of appeal to the appeal board by any of the parties from a decision of the administrative law judge, the appeal board on its own motion may order the parties to appear before the board for a hearing on the claim or any issue involved therein.
(2)  Such hearings shall be held only after notice, mailed to the parties ten days from the date of the removal of the case to the appeal board.
(3)  The proceedings on any claim before an administrative law judge ordered by the appeal board to be removed to itself shall be presented, heard, and decided by the appeal board in the manner prescribed for the hearing of appeals before an administrative law judge. The appeal board may review the evidence already contained in the record, giving the parties time to file written briefs and arguments, and issue a decision based upon that evidence.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.4 - Rehearing of the Appeal Board Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Solely on showing of good cause, the appeal board may, upon application by a party, reopen and review any prior decision, provided the application for rehearing is filed within 20 days from the date of the issuance of the prior decision.
(2)  The application shall be in writing, stating specific grounds therefor and the specific relief sought. Copies of such application shall be mailed, by the appeal board, to all parties of record not joining in the application.
(3)  In determining whether good cause exists for the appeal board to rehear a prior decision, the following factors shall be considered:
a. Whether the application presents newly discovered evidence or facts which are not cumulative, corroborative, or material to the issue decided and are not of sufficient weight to cause a reversal or change in the appeal board's decision.
b. Prior to and at the time of the appeal board's decision, such new information must not have been available through reasonable search by the applicant and must not have been previously considered in any prior appeals decision.
c. When the application presents evidence that benefits were allowed or denied, or the amount of benefits was fixed on the basis of nondisclosure or a misrepresentation of material fact.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.5 - Disqualification of Appeal Board Members

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  No appeal board member shall participate in any hearing in which the member has an interest which might affect the ultimate decision.
(2)  A challenge to the interest of an appeal board member may be made in writing at any time prior to the date the appeal board's decision becomes final.
(3)  Such challenge shall be filed with the chairperson of the appeal board and will be heard by the unchallenged members of the appeal board. A tie vote shall result in dismissing the challenge.
(4)  In the event one or more members of the appeal board are absent or otherwise disqualified, the case will be reviewed by the remaining members. A tie vote will result in affirming the administrative law judge's decision by operation of law.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.7 - Specific Rules Applicable to Unemployment Insurance Claims

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Investigations.
a. Whenever, in the course of an appeal, an investigation, inquiry, payroll audit or other examination appears necessary for a proper determination of a case, the appeal board may request such investigation, inquiry, payroll audit, or other examination through the appropriate department.
b. Hearings on the appeal shall be continued or adjourned pending the completion of such investigation, inquiry, or examination.
c. The right to be informed of, to cross-examine, to inspect, and to rebut the results of the investigation, inquiry, or examination shall be preserved to all parties to the appeal.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 3 - Unemployment Insurance Appeals › Rule 486-3.8 - Retention of Records

Current through Register Vol. 47, No. 3, July 24, 2024
Records of proceedings in contested cases, appealed to the employment appeal board, shall be retained:
1. Sixty days following the final date for an appeal to the district court.
2. Sixty days following the entry of a final order by the district court.
3. Sixty days following the filing of the decision of the court of appeals.
4. Sixty days following the filing of an opinion by the supreme court.
Other records of the employment appeal board may be retained as determined by the board. Records of cases involving federal appeals or those cases which are governed by federal law or rules shall be retained as determined by federal regulation pertaining to the case.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.1 - Definitions as Used Herein

Current through Register Vol. 47, No. 3, July 24, 2024
"Act"
means the Iowa Occupational Safety and Health Act, Iowa Code chapter 88.
"Administrative law judge"
means an administrative hearing officer with the appeals and fair hearings division, department of inspections and appeals.
"Affected employee "
means an employee of a cited employer who is exposed to the alleged hazard described in the citation, as a result of assigned duties.
"Authorized employee representative "
means a labor organization which has a collective bargaining relationship with the cited employer and which represents affected employees.
"Citation "
means a written communication issued by the commissioner of labor to an employer pursuant to Iowa Code section 88.7.
"Commissioner of labor "
means the commissioner of labor or duly authorized representative.
"Day "
means a calendar day.
"Employment appeal board"
means the three-member employment appeal board.
"Notification of proposed penalty"
means a written communication issued by the commissioner of labor to an employer pursuant to Iowa Code section 88.8.
"Proceeding"
means any proceeding before the administrative law judge or the employment appeal board.
"Representative "
means any person, including an authorized employee representative, authorized by a party or intervenor to represent that party or intervenor in a proceeding.
"Working day"
means all days except Saturdays, Sundays, state and federal holidays.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.2 - Scope of Rules-applicability of Iowa Rules of Civil Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  These rules shall govern all proceedings before the employment appeal board.
(2)  In the absence of a specific provision, procedures shall be in accordance with the Iowa rules of civil procedure.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.4 - Computation of Time

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  In computing any period of time prescribed or allowed in these rules, the day from which the designated period begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, state or federal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, state or federal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, state and federal holidays shall be excluded in the computation.
(2)  Where service of a pleading or document is by mail pursuant to 4.7(10A,88), three days shall be added to the time allowed by these rules for the filing of a responsive pleading.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.6 - Record Address

Current through Register Vol. 47, No. 3, July 24, 2024
The name, address, and telephone number shall be included in the initial pleading filed by any party or intervenor. Any change in such information must be communicated promptly in writing to the employment appeal board and to all other parties and intervenors. Parties or intervenors who fail to furnish such information shall be deemed to have waived their rights to notice and service under these rules.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.8 - Filing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All papers shall be filed with the
			 Employment Appeal Board, 6200 Park Avenue, Suite 100, Des Moines, Iowa
			 50321.
(2) Unless otherwise
			 ordered, all filing may be accomplished by first-class mail.
(3) Filing is deemed effected at the time of
			 mailing.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.9 - Consolidation

Current through Register Vol. 47, No. 3, July 24, 2024
Cases may be consolidated on the motion of any party or intervenor or on the employment appeal board's own motion, where there exist common parties, common questions of law or fact, or both, or in such other circumstances as justice and the administration of the Act require. This rule is intended to implement Iowa Code section 10A.601 and chapter 88.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.10 - Severance

Current through Register Vol. 47, No. 3, July 24, 2024
Upon its own motion, or upon motion of any party or intervenor, the employment appeal board may, for good cause, order any proceeding severed with respect to some or all issues or parties.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.11 - Protection of Trade Secrets and Other Confidential Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Upon application by any person, in a proceeding where trade secrets or other matters may be divulged, the confidentiality of which is protected by Iowa Code section 88.12, the employment appeal board or the administrative law judge shall issue such orders as may be appropriate to protect the confidentiality of such matters.
(2)  Interlocutory appeal to the employment appeal board from an adverse ruling by the administrative law judge under this rule shall be granted as of right.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.20 - Party Status

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Affected employees or authorized employee representatives may elect to participate as parties at any time before the commencement of the hearing, unless, for good cause shown, the employment appeal board allows such election at a later time. See also 4.21(10A,88).
(2)  Where a notice of contest is filed by an employee or by an authorized employee representative with respect to the reasonableness of the period for abatement of a violation, the employer charged with the responsibility of abating the violation may elect party status at any time before the commencement of the hearing. See also 4.21(10A,88).
This rule is intended to implement Iowa Code sections 88.8(3)  and 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.21 - Intervention-appearance by Nonparties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  A petition for leave to intervene may be filed at any stage of a proceeding before commencement of the hearing.
(2)  The petition shall set forth the interest of the petitioner in the proceeding and show that the participation of the petitioner will assist in the determination of the issues in question, and that the intervention will not unnecessarily delay the proceeding.
(3)  The employment appeal board or the administrative law judge may grant a petition for intervention to such an extent and upon such terms as the employment appeal board or the administrative law judge shall determine.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.22 - Representatives of Parties and Intervenors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Any party or intervenor may appear in person or through a representative.
(2)  A representative of a party or intervenor shall be deemed to control all matters respecting the interest of such party or intervenor in the proceeding.
(3)  Affected employees who are represented by an authorized employee representative may appear only through such authorized employee representative.
(4)  Nothing contained herein shall be construed to require any representative to be an attorney at law.
(5)  Withdrawal of appearance of any representatives may be effected by filing a written notice of withdrawal and by serving a copy thereof on all parties and intervenors.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.30 - Form

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Except as provided herein, there are no specific requirements as to the form of any pleading. A pleading is simply required to contain a caption sufficient to identify the parties in accordance with 4.31(10A,88), which shall include the employment appeal board's docket number, if assigned, and a clear and plain statement of the relief that is sought, together with the grounds therefor.
(2)  It is recommended that pleadings and other documents (other than exhibits) be typewritten, double spaced, on standard size paper (approximately 8½ inches by 11 inches), have adequate margins and be securely fastened.
(3)  Pleadings shall be signed by the person filing or by the person's representative. Such signing constitutes a representation that the signer has read the document or pleading, that to the best of the signer's knowledge, information and belief the statements made therein are true, and that it is not interposed for delay.
(4)  The employment appeal board may refuse for filing any pleading or document which does not comply with the requirements of 4.30(1), 4.30(2) and 4.30(3).
(5)  After an appeal or the notice of contest has been filed, additional filings or documents may be sent by facsimile transmission (fax). A document filed by fax is presumed to be an accurate reproduction of the original. If a document filed by fax is illegible, a legible copy may be substituted and the date of filing shall be the date the illegible copy was received. The date of filing by fax shall be the date the document is received by the EAB. The EAB will not provide a mailed, file-stamped copy of documents filed by fax.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.31 - Caption-titles of Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Cases initiated by a notice of contest shall be titled: Commissioner of Labor, Complainant V. (Name of Contestant), Respondent.
(2)  Cases initiated by a petition for modification of the abatement period shall be titled: (Name of Employer), Petitioner v. Commissioner of Labor, Respondent.
(3)  The titles listed in 4.30(1) and 4.30(2) shall appear at the left upper portion of the initial page of any pleading or document (other than exhibits) filed.
(4)  The first page of any pleading or document (other than exhibits) shall show, at the upper right of the page, opposite the caption, the docket number, if known, assigned to the case.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.33 - Employer Contests

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Complaint.
a. The commissioner of labor shall file a complaint with the employment appeal board no later than 20 days after receipt of notice of contest.
b. The complaint shall set forth all alleged violations and proposed penalties which are contested, stating with particularity:
(1) The basis for jurisdiction;
(2) The time, location, place, and circumstances of each alleged violation; and
(3) The considerations upon which the period for abatement and the proposed penalty on each such alleged violation are based.
c. Where the commissioner of labor seeks in the complaint to amend the citation or proposed penalty, the commissioner of labor shall set forth the reasons for amendment and shall state with particularity the change sought.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.35 - Failure to File

Current through Register Vol. 47, No. 3, July 24, 2024
Failure to file any pleading pursuant to these rules when due may, in the discretion of the employment appeal board, constitute a withdrawal of the citation or the notice of contest. The employment appeal board may, after opportunity for hearing of excuses for failure to file, enter a final or proposed final order defaulting the party and disposing of the case without regard to the merits of the alleged violation.
This rule is intended to implement Iowa Code section 10A.601 and chapter 88.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.36 - Petitions for Modification of Abatement Period

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  An employer may file a petition for modification of abatement period with the commissioner of labor when such employer has made a good faith effort to comply with the abatement requirements of a citation, but abatement has not been completed because of factors beyond the employer's reasonable control.
(2)  A petition for modification of abatement period shall be filed with the commissioner of labor no later than the close of the next working day following the date on which abatement was originally required. A letter-filed petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.
(3)  A petition for modification of abatement period shall be in writing and shall include the following information:
a. All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period.
b. The specific additional abatement period necessary in order to achieve compliance.
c. The reason such additional time is necessary in order to achieve compliance.
d. All available interim steps being taken to safeguard the employees against the cited hazard during the abatement period.
e. Certification by the employer that it has posted a copy of the petition for modification of abatement period, and a notice informing affected employees of their right to intervene and of the availability of all pleadings for inspection and copying at reasonable times. Service of the above documents upon any authorized employee representative shall also be certified by the employer A notice in the following form shall be deemed to comply with this subrule:
(Name of employer)
Your employer has been cited by the commissioner of labor for violation of the Iowa Occupational Safety and Health Act and has requested more time to correct one or more violations. Affected employees are entitled to participate as parties under terms and conditions established by the employment appeal board in its rules of procedure. Affected employees or their representatives desiring to participate must file a written objection to the employer's petition with the commissioner of labor.Failure to file such objection within ten working days of the first posting of the accompanying petition and this notice shall constitute a waiver of any further right to object to the petition or to participate in any proceeding relating thereto. Objections shall be sent to: Commissioner of Labor, Labor Services Division, 1000 East Grand Avenue, Des Moines, Iowa 50319. All papers relevant to this matter may be inspected at: (Place reasonably convenient to employees, preferably at or near workplace).
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.37 - Employee Contests

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Where an affected employee or authorized employee representative files a notice of contest with respect to the abatement period, the commissioner of labor shall, within ten days from receipt of the notice of contest, file a clear and concise statement of the reasons the abatement period prescribed is not unreasonable.
(2)  Not later than ten days after receipt of the commissioner of labor's statement, the contestant shall file a response.
(3)  Pursuant to Iowa Code section 88.8(3), the employee's notice of contest must be filed within 15 days of the issuance of the citation.
(4)  All contests under this rule shall be handled as an expedited proceeding under 4.101(3).
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.50 - Withdrawal of Notice of Contest, Citation or Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
At any stage of the proceedings, for good cause shown, a party may withdraw the notice of contest, the citation, or complaint, subject to the approval of the employment appeal board.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.51 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  At any time before a hearing, the employment appeal board, on its own motion or on motion of a party, may direct the parties and intervenors or their representatives to exchange information or to participate in a prehearing conference for the purpose of considering matters which will tend to simplify the issues to expedite the proceedings.
(2)  The employment appeal board may issue a prehearing order which includes the agreements reached by the parties and intervenors. Such order shall be served on all parties and intervenors and shall be a part of the record.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.52 - Requests for Admissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  At any time after the filing of responsive pleadings, any party may request of any other party admissions of facts to be made under oath. Each admission requested shall be set forth separately. The matter shall be deemed admitted unless, within 30 days after service of the request, or within such shorter or longer time as the employment appeal board may prescribe, the party to whom the request is directed serves upon the party requesting the admission a specific written response.
(2)  Copies of all requests and responses shall be served on all parties and intervenors in accordance with the provisions of 4.7(1) and filed with the employment appeal board within the time allotted and shall be a part of the record.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.53 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Pursuant to Iowa Code subsection 17A.13(1), discovery procedures applicable to civil actions shall be available to all parties in contested cases before the employment appeal board.
(2)  Where there is a failure to comply with any proper method of discovery permitted under these rules, the party seeking discovery may apply to the employment appeal board for an order compelling discovery.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.54 - Failure to Comply With Orders for Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
If any person fails to comply with an order of the employment appeal board to permit discovery in accordance with the provisions of these rules, the employment appeal board may issue appropriate orders.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.55 - Issuance of Subpoenas-petitions to Revoke or Modify Subpoenas-right to Inspect or Copy Data

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The employment appeal board shall, on the application of any party directed to the employment appeal board, forthwith issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence, including relevant books, records, correspondence, or documents, in their possession or under their control. Applications for subpoenas may be made ex parte. The subpoena shall show on its face the name and address of the party at whose request the subpoena was issued. The requesting party shall be responsible for service of the subpoenas.
(2)  Any person served with a subpoena shall, at any time prior to the hearing, move in writing to revoke or modify the subpoena if that person does not intend to comply. All motions to revoke or modify shall be served on the party at whose request the subpoena was issued. The employment appeal board shall revoke or modify the subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation or in question in the proceedings or the subpoena does not describe with sufficient particularity the evidence whose production is required, or if for any other reason sufficient in law, the subpoena is otherwise invalid. The employment appeal board shall make a simple statement of procedural or other grounds for the ruling on the motion to revoke or modify. The motion to revoke or modify, any answer filed thereto, and any ruling thereon shall become a part of the record.
(3)  Persons compelled to submit data or evidence at a public proceeding are entitled to retain, or on payment of lawfully prescribed costs, to procure copies of, transcripts of the data or evidence submitted by them.
(4)  Upon the failure of any person to comply with a subpoena issued upon the request of a party, the employment appeal board shall initiate proceedings in the appropriate district court for the enforcement thereof, if in its judgment the enforcement of such subpoena would be consistent with law and with policies of the Act. The employment appeal board shall not be deemed thereby to have assumed responsibility for the effective prosecution of the same before the court.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.60 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Notice of the time, place, and nature of a hearing shall be given to the parties and intervenors at least ten days in advance of such hearing, except as otherwise provided in 4.101(10A,88).
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.61 - Postponement of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Postponement of a hearing ordinarily will not be allowed, unless a case of extreme emergency exists or a request is made in writing at least three days in advance of the date set for the hearing.
(2)  No postponement in excess of 30 days shall be allowed without employment appeal board approval.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.62 - Failure to Appear

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Subject to the provisions of 4.62(2), the failure of a party to appear at a hearing shall be deemed to be a waiver of all rights except the rights to be served with a copy of the decision of the employment appeal board or to appeal the decision.
(2)  The employment appeal board, upon a showing of good cause, may excuse such failure to appear In such event, the hearing will be rescheduled.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.63 - Payment of Witness Fees and Mileage-fees of Persons Taking Depositions

Current through Register Vol. 47, No. 3, July 24, 2024
Witnesses summoned before the employment appeal board shall be paid the same fees and mileage that are paid witnesses in the district courts of the state of Iowa, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the district courts of the state of Iowa. Witness fees and mileage shall be paid by the party at whose instance the witness appears, and the person taking a deposition shall be paid by the party at whose instance the deposition is taken.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.64 - Reporter's Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Reporter's fees shall be borne by the party or intervenor requesting a court reporter, unless the employment appeal board provides for a court reporter. Transcript costs shall be borne by the person requesting a transcript.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.65 - Transcript of Testimony

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Hearings shall be electronically recorded. A record of testimony taken at the hearing shall be filed in the employment appeal board office.
(2)  The employment appeal board's recording or transcript of the hearing shall be available to any interested person for examination at reasonable times without cost. Upon receipt of a copy of a petition filed in a district court of Iowa praying that an order of the employment appeal board be modified or set aside pursuant to Iowa Code section 88.9, the employment appeal board shall either:
a. Have the electronic recording transcribed, certify the transcript, and file it with the court, if no court reporter recorded the hearing, or
b. Contract with the court reporter to transcribe the reporter's notes; in which case the reporter shall certify the transcript and deliver the transcript to the employment appeal board for filing with the court.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.66 - Duties and Powers of the Employment Appeal Board or Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
It shall be the duty of the employment appeal board or the administrative law judge to conduct a fair and impartial hearing, to ensure that the facts are fully elicited, to adjudicate all issues and avoid delay. The employment appeal board or the administrative law judge shall have authority to:
1. Administer oaths and affirmations;
2. Issue authorized subpoenas;
3. Rule upon petitions to revoke subpoenas;
4. Rule upon offers of proof and receive relevant evidence;
5. Take or cause depositions to be taken whenever the needs of justice would be served;
6. Regulate the course of the hearing and, if appropriate or necessary, exclude persons or counsel from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions;
7. Hold conferences for the settlement or simplification of the issues;
8. Dispose of procedural requests or similar matters, including motions and motions to amend pleadings; also to dismiss complaints or portions thereof, and to order hearings reopened or, upon motion, consolidated prior to issuance of its decisions;
9. Reserved.
10. Call and examine witnesses and to introduce into the record documentary or other evidence;
11. Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof;
12. Adjourn the hearing as the needs of justice and good administration require;
13. Take any other action necessary under the foregoing and authorized by the Act and published rules of the employment appeal board.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.67 - Disqualification of Member of Employment Appeal Board or Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Members of employment appeal board or the administrative law judge may withdraw from a proceeding whenever they deem themselves disqualified.
(2)  Any party may request any member of the employment appeal board or the administrative law judge before the filing of the decision to withdraw on grounds of personal bias or disqualification, by filing with the employment appeal board or the administrative law judge promptly upon the discovery of the alleged facts an affidavit setting forth in detail the matters alleged to constitute grounds for disqualification.
(3)  If, in the opinion of the employment appeal board or the administrative law judge, the affidavit referred to in 4.67(2) is filed with due diligence and is sufficient on its face, the employment appeal board member or the administrative law judge shall forthwith withdraw from the proceeding.
(4)  If the employment appeal board member or the administrative law judge does not withdraw from the proceeding, the employment appeal board or the administrative law judge shall so rule upon the record, stating the grounds for so ruling and shall proceed with the hearing, or if the hearing is closed, shall proceed with the issuance of a decision, and the provisions of 4.90(10A,88) shall thereupon apply.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.70 - Deposition in Lieu of Oral Testimony-application-procedures-forms-rulings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An application to take the deposition of
			 a witness in lieu of oral testimony shall be in writing and shall set forth the
			 reasons such deposition should be taken, the name and address of the witness,
			 the matters concerning which it is expected the witness will testify and the
			 time and place proposed for the taking of the deposition, together with the
			 name and address of the person before whom it is desired that the deposition be
			 taken (for purposes of this section, hereinafter referred to as "the officer").
			 Such application shall be filed with the employment appeal board and shall be
			 served on all other parties and intervenors. Where good cause has been shown,
			 the employment appeal board shall make and serve on the parties and intervenors
			 an order which specifies the name of the witness whose deposition is to be
			 taken and the time, place, and designation of the officer before whom the
			 witness is to testify. Such officer may or may not be the officer specified in
			 the application.
(2) Such deposition
			 shall be taken pursuant to the Iowa rules of civil procedure.
(3) The officer shall immediately deliver the
			 transcript, together with a certificate in person, or by registered mail to the
			 Employment Appeal Board, 6200 Park Avenue, Suite 100, Des Moines, Iowa
			 50321.
(4) The employment appeal
			 board or administrative law judge shall rule upon the admissibility of the
			 deposition or any part thereof.
(5)
			 All errors or irregularities in compliance with the provision of this rule
			 shall be deemed waived unless a motion to suppress the deposition or some part
			 thereof is made with reasonable promptness after such defect is, or with due
			 diligence might have been, discovered.
(6) If the parties so stipulate in writing,
			 depositions may be taken before any person at any time or place, upon any
			 notice and in any manner, and when so taken may be used as other depositions.
This rule is intended to implement Iowa Code chapter 88 and
				section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.71 - Exhibits

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  All exhibits offered in evidence shall be numbered and marked with a designation identifying the party or intervenor by whom the exhibit is offered.
(2)  In the absence of objection by another party or intervenor, exhibits shall be admitted into evidence as a part of the record, unless excluded by the employment appeal board or administrative law judge pursuant to 4.72(10A,88).
(3)  Unless the employment appeal board or administrative law judge finds it impractical, a copy of each such exhibit shall be given to the other parties and intervenors.
(4)  All exhibits offered but denied admission into evidence shall be identified as in 4.71(1) and shall be placed in a separate file designated for rejected exhibits.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.72 - Rules of Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
Hearings before the employment appeal board or administrative law judge shall be in accordance with these rules and insofar as practicable shall be governed by the rules of evidence applicable in the Iowa district courts. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for their serious affairs, and it may be based upon such evidence even if it would not be admissible in a jury trial.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.73 - Burden of Proof

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  In all proceedings commenced by the filing of a notice of contest, the burden of proof shall rest with the commissioner of labor
(2)  In proceedings commenced by a petition for modification of the abatement period, the burden of establishing the necessity for such modification shall rest with the petitioner
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.74 - Objections

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Any objections with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling by the administrative law judge may be stated orally or in writing, accompanied by a short statement of the grounds for the objection, and shall be included in the record. No such objection shall be deemed waived by further participation in the hearing.
(2)  Whenever evidence is excluded from the record, the person offering such evidence may make an offer of proof, which shall be included in the record of the proceeding.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.76 - Filing of Briefs and Proposed Findings With the Employment Appeal Board or the Administrative Law Judge-oral Argument at the Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Any party or intervenor shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the electronically or stenographically recorded report of the hearing. Any party or intervenor shall be entitled, upon request made before the close of the hearing, to file a brief, proposed findings of fact and conclusions of law, or both, with the employment appeal board or administrative law judge. The employment appeal board or administrative law judge may fix a reasonable period of time for such filing.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.77 - Conduct of Persons Attending Meetings or Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  The employment appeal board or the administrative law judge may exclude a person from an open meeting or hearing for behavior that obstructs an orderly meeting or hearing.
(2)  Cameras and recording devices shall be placed and used within the hearing room in a manner that will not obstruct the meeting or hearing. Use of artificial lighting for filming for photographic purposes shall not be allowed during the course of the hearing. If the user of the camera or recording device violates this rule, the employment appeal board or administrative law judge may order the person excluded from the meeting or hearing.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.90 - Decisions of Employment Appeal Board or Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  When the employment appeal board presides at the reception of the evidence in a contested case, the decision of the employment appeal board is a final decision.
(2)  When the employment appeal board did not preside at the reception of the evidence in a contested case, the administrative law judge shall make a proposed decision. When the administrative law judge makes a proposed decision, that decision then becomes the final decision of the employment appeal board without further proceedings unless there is an appeal to, or review on motion of, the employment appeal board within 20 days. Findings of fact shall be prepared by the administrative law judge after the reception of the evidence in a contested case unless the administrative law judge becomes unavailable to the employment appeal board. If the administrative law judge is unavailable, the findings of fact may be prepared by another person qualified to be an administrative law judge who has read the record, unless demeanor of witnesses is a substantial factor If demeanor is a substantial factor and the administrative law judge is unavailable, the portions of the hearing involving demeanor shall be heard again or the case shall be dismissed.
(3)  On appeal from or review of the proposed decision or declaratory ruling, the employment appeal board has all the power which it would have in initially making the final decision except as it may limit the issues on notice to the parties. In cases where there is an appeal from a proposed decision or where a proposed decision is reviewed on motion of the employment appeal board, an opportunity shall be afforded to each party to file exceptions, present briefs and, with the consent of the employment appeal board, present oral arguments to the employment appeal board members who are to render the final decision.
(4)  A proposed or final order in a contested case shall be in writing or stated in the record. A proposed or final decision shall include findings of fact, conclusions of law, and an order, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of underlying facts supporting the findings. If, in accordance with these rules, a party submitted proposed findings of fact, the decision shall include a ruling upon each proposed finding. Each conclusion of law shall be supported by cited authority or by a re
(5)  Parties and intervenors shall be promptly notified of each proposed or final decision or order by the delivery to them of a copy of such decision or order
(6)  Employers shall post a copy of the decision and proposed or final order for a period of 30 days for the information of affected employees.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.
Iowa Administrative Code › Agency 486 - Employment Appeal Board › Chapter 4 - Rules of Procedure for Osha Appeals › Rule 486-4.92 - Stay or Rehearing of Final Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)  Any party or intervenor aggrieved by a final order of the employment appeal board may, while the matter is within the jurisdiction of the employment appeal board, file a motion for a stay or a rehearing.
(2)  Such motion shall set forth the reasons a stay or rehearing is sought and the specific relief requested.
(3)  The employment appeal board may order such relief or may vary the relief as it deems appropriate.
This rule is intended to implement Iowa Code chapter 88 and section 10A.601.