Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.4 - Procedures for Board Referral to an Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
The board, in its discretion, may refer a vendor appeal for
				hearing before a qualified administrative law judge. The hearing procedures
				will be substantially the same, but the ruling of an administrative law judge
				acting as the sole presiding officer will constitute a proposed decision. Board
				review of a proposed decision will be according to Iowa Code section
				17A.15(2)  and
				this chapter. Nothing in this rule will prevent the board from hearing a vendor
				appeal with the assistance of an administrative law judge. This rule merely
				authorizes an alternative procedure. The appealing vendor may also request that
				an administrative law judge act as presiding officer pursuant to 193-subrule
				7.10(2).
(1) The proposed decision
			 will become the final decision of the board 14 days after mailing of the
			 proposed decision, unless prior to that time a party submits an appeal of the
			 proposed decision, or the board seeks review on its own motion.
(2) Notice of an appeal for review of a
			 proposed decision or notice of the board's own review will be mailed to all
			 parties by the board's executive officer. Within 14 days after mailing of the
			 notice of appeal or the board's review, any party may submit to the board
			 exceptions to and a brief in support of or in opposition to the proposed
			 decision, copies of which will be mailed by the submitting party to all other
			 parties to the proceeding. The board's executive officer will notify the
			 parties if oral argument will be heard and specify whether oral argument will
			 be heard in person, by telephone or virtually. The executive officer will
			 schedule the board's review of the proposed decision not less than 30 days
			 after mailing of the notice of appeal or the board's own review.
(3) Failure to appeal a proposed decision
			 will preclude judicial review unless the board reviews on its own
			 motion.
(4) Review of a proposed
			 decision will be based on the record and limited to the issues raised in the
			 hearing. The issues will be specified in the notice of appeal of a proposed
			 decision. The party requesting the review will be responsible for transcribing
			 any tape of the oral proceedings or arranging for a transcript of oral
			 proceedings reported by a certified shorthand reporter.
(5) Each party will have the opportunity to
			 file exceptions and present briefs. The executive officer may set deadlines for
			 the submission of exceptions or briefs. If oral argument will be held, the
			 executive officer shall notify all parties of the date, time and location at
			 least ten days in advance.
(6) The
			 board will not receive any additional evidence, unless it grants an application
			 to present additional evidence. Any such application will be filed by a party
			 at least five business days in advance of oral argument. Additional evidence
			 will be allowed only upon a showing that it is material to the outcome and that
			 there were good reasons for failure to present it at hearing. If an application
			 to present additional evidence is granted, the board will order the conditions
			 under which it shall be presented.
(7) The board's final decision will be
			 written and may incorporate all or part of the proposed decision.