reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.4 - Procedure for Obtaining Declaratory Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Petition for declaratory
			 order
Any person may file a petition with the commission for a
			 declaratory order as to the applicability to specified circumstances of a
			 statute, rule, or order within the primary jurisdiction of the commission, at
			 its location as defined in 161-paragraph 1.1(1)
"b."
A petition
			 is deemed filed when it is received by that office. The commission shall
			 provide the petitioner with a file-stamped copy of the petition if the
			 petitioner provides the commission an extra copy for this purpose. The petition
			 must be typewritten or legibly handwritten in ink and must substantially
			 conform to the following form:
IOWA CIVIL RIGHTS COMMISSION
Petition by (Name of Petitioner) for a Declaratory Order on
				(Cite provisions of law involved).
}
PETITION FOR DECLARATORY ORDER
The petition must provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to questions desired by the petitioner and a summary of the reasons
			 urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided by 1.4(7).
The petition must be dated and signed by the petitioner or the
				petitioner's representative. It must also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative, and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.5 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
Forms commonly used by the commission are generally available
				through the commission's Web site or by telephoning the commission
				staff.
(1)
"Charge of
			 Discrimination, "
EEOC 5c, for a complaint alleging a discriminatory
			 or unfair practice or act in all jurisdictional areas except housing.
(2)
"Housing Discrimination
			 Complaint, "
HUD 903, for a complaint alleging a discriminatory or
			 unfair practice or act in the jurisdictional area of housing.
(3)
"Authorization Release Form,
			 "
to secure authorization for relevant client information.
(4)
"Administrative Release Form,
			 "
to request a "right to sue" letter
(5)
"Request for Withdrawal of Charge
			 of Discrimination,"
is used by the complainant to withdraw the charge
			 of discrimination previously filed.
(6)
"Amended complaint, "
to
			 amend the charge of discrimination previously filed.
(7)
"Forms notebook. "
Other
			 forms commonly used by the commission or its staff are compiled within a "forms
			 notebook." The notebook is available for inspection by the public at the
			 commission offices. Copies of the forms notebook can be obtained for an
			 appropriate copying charge.
(8)
"Purpose of forms."
The existence of standard forms is for the
			 convenience of the commission, the public, and the parties. The existence of a
			 standard form does not imply that the purpose of the standard form cannot be
			 accomplished through a document in a different form.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 1 - Rules of Practice › Rule 161-1.6 - Referral and Deferral Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of purpose.
It is the purpose of the commission, in
			 adopting these rules to promote the efficient enforcement of the Act. To this
			 end, the commission will use referral and deferral agreements to encourage
			 agencies with similar powers and jurisdiction to:
a. Develop procedures with remedies necessary
			 to ensure the protection of rights secured by the Iowa Civil Rights
			 Act.
b. Increase the efficiency of
			 their operations.
c. Cooperate more
			 fully with the commission in the sharing of data and resources, and
d. Coordinate investigations and
			 conciliations with the commission in order to eliminate needless
			 duplication.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.1 - Anonymity of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of public commission meetings the complaints shall
				be identified only by case number so that the anonymity of the complaints and
				parties can be preserved. Nothing in this provision shall apply to executive
				sessions of the commission or meetings after the commission has made a decision
				to hold a public hearing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.2 - Access to File Information

Current through Register Vol. 47, No. 3, July 24, 2024
The disclosure of information, whether a charge has been filed
				or not, or revealing the contents of any file is prohibited except in the
				following circumstances:
(1) If a
			 final decision per 161-subrule 2.1(10) has been reached, a party or a party's
			 attorney may, upon showing that a petition appealing the commission action has
			 been filed, have access to the commission's case file on that
			 complaint.
(2) If a case has been
			 approved for public hearing and the letter informing parties of this fact has
			 been mailed, any party or party's attorney may have access to file information
			 through prehearing discovery measures provided in 161-subrule 4.2(2).
(3) If a decision rendered by the commission
			 in a contested case has been appealed, any party or party's attorney may, upon
			 showing that the decision has been appealed, have access to the commission's
			 case file on that complaint.
The fact that copies of documents related to or gathered during
				an investigation of a complaint are introduced as evidence during the course of
				a contested case proceeding does not affect the confidential status of all
				other documents within the file which are not introduced as evidence.
(4) If the commission has issued a
			 right-to-sue letter per subrule 3.9(3), a party or party's attorney may have
			 access to the commission's case file on that complaint.
(5) Only upon written notification from an
			 attorney or a party that the attorney represents may the attorney then obtain
			 access to the commission case file on the same terms as that party.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.3 - Timely Filing of the Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Limitation.
The complaint shall be filed within the 3 00 days
			 after the occurrence of an alleged unlawful practice or act.
(2)
Continuing violation.
If
			 the alleged unlawful discriminatory practice or act is of a continuing nature,
			 the date of the occurrence of the alleged unlawful practice shall be deemed to
			 be any date subsequent to the commencement of the alleged unlawful practice up
			 to and including the date upon which the unlawful practice has
			 ceased.
(3)
Tolling of
			 filing period.
By law the filing period described in subrule 3.3(1)
			 and in Iowa Code subsection
			 216.15(12)
			  is subject to waiver, estoppel and equitable
			 tolling. Whether the filing period shall be equitably tolled in favor of a
			 complainant depends upon the facts and circumstances of the particular case.
			 Equitable tolling suspends the running of the filing period during the period
			 of time in which the grounds for equitable tolling exist.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.4 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Filing
			 complaint.
Any person claiming to be aggrieved by a discriminatory or
			 unfair practice may, personally or by an attorney, make, sign, and file with
			 the commission a verified, written complaint. The attorney general, the
			 commission, or a commissioner may initiate the complaint process by filing a
			 complaint with the commission in the same manner as an aggrieved
			 person.
(2)
Contents of
			 complaint.
Each complaint of discrimination should contain the
			 following:
a. The full name, address and
			 telephone number, if any, of the person making the charge;
b. The full name and address of each
			 respondent;
c. A clear and concise
			 statement of the facts, including pertinent dates, if known, constituting each
			 alleged unfair or discriminatory practice;
d. If known and if employment discrimination
			 is alleged, the approximate number of employees of a respondent
			 employer
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.6 - Notice of the Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
After jurisdictional review and within 20 days of receipt of
				the complaint, the commission will serve a complaint on a respondent by regular
				or electronic mail. If the first named respondent does not respond to the
				service by regular or electronic mail after 90 days, the commission shall serve
				the complaint on the first named respondent by certified mail within 20 days
				after the expiration of the 90-day response period. A letter of acknowledgment
				shall advise the complainant of the right to withdraw the complaint and sue in
				the appropriate district court according to Iowa Code section
				216.16.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.7 - Preservation of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Employment records.
When a complaint or notice of
			 investigation has been served on an employer, labor organization or employment
			 agency under the Act, the respondent shall preserve all records relevant to the
			 investigation until the complaint or investigation is finally adjudicated. The
			 term "relevant to the investigation" shall include, but not be limited to,
			 personnel, employment or membership records relating to the complainant and to
			 all other employees, applicants or members holding or seeking positions similar
			 to that held or sought by the complainant, and application forms or test papers
			 completed by any unsuccessful applicant and by all other applicants or
			 candidates for the same position or membership as that for which the
			 complainant applied and was not accepted, and any records which are relevant to
			 the scope of the investigation as defined in the notice or complaint.
(2)
Other records.
Any
			 books, papers, documents, or records of any form which are relevant to the
			 scope of any investigation as defined in the notice or complaint shall be
			 preserved during the pendency of any proceedings by all parties to the
			 proceedings unless the commission specifically orders otherwise.
(3)
Adverse inference.
If
			 after a public hearing the administrative law judge determines:
a. That a party or agent, employee, or person
			 acting for the party has destroyed evidence in violation of subrule 3.7(1) or
			 3.7(2), and
b. That the destruction
			 was done at a time when the party knew or should have known that the evidence
			 destroyed was relevant to the investigation, and
c. There is no satisfactory explanation for
			 the destruction of the evidence, then the administrative law judge may infer
			 that the destroyed evidence was adverse to the party who destroyed the evidence
			 or whose agent or employee destroyed the evidence or on behalf of whom any
			 other person was acting when destroying the evidence.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.8 - The Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Amendment of complaint.
a. A
			 complaint or any part may be amended by the complainant or by the commission
			 anytime prior to the hearing thereon and, thereafter, at the discretion of the
			 administrative law judge. The complaint may be amended to include additional
			 material allegations the investigation may have disclosed.
To prevent unnecessary litigation or duplication, the
				commission may amend a complaint based upon information gained during the
				course of the investigation. The scope of the issues at public hearing shall
				include the facts as uncovered in the investigation and shall not be limited to
				the allegations as stated in the original complaint. Provided, however, that
				when an amendment is made, the respondent may be granted a continuance within
				the discretion of the administrative law judge if it is needed to allow the
				respondent to prepare to defend on the additional grounds.
b. Amendments alleging additional acts which
			 constitute unfair or discriminatory practices related to or growing out of the
			 subject matter of the original complaint will relate back to the date the
			 original complaint was filed. If a reasonable investigation of the initial
			 complaint would encompass an alleged unfair or discriminatory practice then
			 that alleged unfair or discriminatory practice grows out of the subject matter
			 of the original complaint.
c.
			 Amendments alleging additional acts which constitute unfair or discriminatory
			 practices which are not related to and which do not grow out of the subject
			 matter of the original complaint will be permitted only where at the date of
			 the amendment the allegation could have been filed as a separate complaint. The
			 complaint as so amended shall then be processed by the commission as a single
			 complaint of discrimination.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.9 - Jurisdictional Review

Current through Register Vol. 47, No. 3, July 24, 2024
Upon the receipt of a statement offered as a complaint, the
				executive director or designee shall review the complaint to determine whether
				the commission has jurisdiction of the complaint. A no jurisdiction
				determination shall constitute final agency action for purposes of judicial
				review.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.10 - Right to Sue

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request
			 for right to sue.
After the expiration of 60 days from the timely
			 filing of a complaint with the commission, the complainant may request a letter
			 granting the complainant the right to sue for relief in the state district
			 court.
(2)
Conditions
			 precedent to right to sue.
Upon a request under subrule 3.10(1), the
			 commission shall mail to the complainant a right-to-sue letter where the
			 following conditions have been met.
a. The
			 complaint was filed with the commission as provided in rule
			 161-3.5
			 (216);
b. The complaint has been on
			 file with the commission for at least 60 days;
c. The right-to-sue request has been
			 submitted in writing with the signature of the complainant or the complainant's
			 representative, unless otherwise prohibited by state or federal rules or
			 contractual agreements. Electronic signatures are permissible for right-to-sue
			 requests;
d. The date of request is
			 listed as well as the corresponding state and federal case numbers.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.11 - Mediation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Mediation shall
			 be available once a complaint has been filed, when a party to the complaint
			 requests mediation, when the case has been preliminarily screened in for
			 investigation pursuant to the procedures set forth in rule
			 161-3.12
			 (216), or at any time while the complaint is still open and the parties agree
			 to participate. Mediation is a neutral, non-fact-finding process, at which
			 parties attempt to negotiate a no-fault predetermination settlement for the
			 purpose of amicably resolving the complaint. Mediation shall be available to
			 all parties irrespective of representation by counsel. Mediation may encompass
			 all issues in the case which could have been investigated by the commission
			 including any claims for unlawful retaliation that may exist through the date
			 of the mediation notice. If the parties agree to seek and obtain a global
			 settlement not limited to a resolution of the civil rights issues, the
			 mediation may be expanded to include these collateral claims.
(2) Mediation notification shall be sent via
			 regular or electronic mail to all parties and their respective counsels, if
			 applicable. Notification may include detailed information on the mediation
			 process.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.15 - Injunctions

Current through Register Vol. 47, No. 3, July 24, 2024
If the executive director or an appropriately designated staff
				person determines that a complainant may be irreparably injured before a public
				hearing can be called to determine the merits of the complaint, the executive
				director or designee may instruct an attorney for the commission to seek
				injunctive relief as may be appropriate to preserve the rights of the
				complainant and the public interest.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 3 - Complaint Process › Rule 161-3.16 - Procedure to Reopen

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application of rule.
The provisions of this rule apply only to
			 commission decisions and actions taken prior to the issuance of the notice of
			 hearing described in rule
			 161-4.1
			 (216).
(2)
Reopening by
			 commission
-
general rule.
a. At any time during which the commission
			 would be required to issue a right-to-sue letter if the complainant were to
			 request one, the commission may, in its discretion, reopen and reconsider any
			 administrative closure of the commission.
b. The parties shall be notified whenever the
			 commission is considering the reopening of a matter closed by an
			 "administrative closure," which notification shall include the reasons therefor
			 The parties shall be afforded no less than 14 and no more than 30 days to
			 submit their positions, in writing, on the reopening.
c. The commission may reopen and reconsider
			 an administrative closure where the commission finds that the administrative
			 closure was substantially influenced by any of the following grounds:
(1) Willfully false information provided to
			 the commission concerning a material issue in the case;
(2) Fraud perpetrated upon the commission by
			 a witness, the respondent, or some person not the complainant;
(3) Material misrepresentations made by the
			 respondent to the commission or complainant; or
(4) Gross and material error by the
			 commission staff
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.1 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope and applicability.
This chapter applies to contested
			 case proceedings conducted by the Iowa civil rights commission.
(2)
Prosecutory representative of
			 commission.
The commission's case in support of the complaint shall be
			 presented by the attorney or agent of the commission. An assistant attorney
			 general may represent the Iowa civil rights commission at a contested case
			 proceeding.
(3)
Time.
Time shall be computed as provided in Iowa Code
			 subsection
			 4.1(34).
(4)
Modification of time
			 limits.
For good cause shown, the presiding officer may extend or
			 shorten the time to take any action, except as precluded by statute. Except for
			 good cause stated in the record, before extending or shortening the time to
			 take any action, the presiding officer shall afford all parties an opportunity
			 to be heard or to file written arguments.
(5)
Extension of time for service by
			 mail
Whenever a party has the right or is required by this chapter to
			 do some act or take some proceedings within a prescribed period after the
			 service of a notice or other paper upon that party and the notice or paper is
			 served upon that party by mail, three days shall be added to the prescribed
			 period. Such additional time shall not be applicable where the presiding
			 officer has prescribed the method of service of notice and the number of days
			 to be given. This rule has no effect on actions which must be taken within a
			 prescribed period after the issuance of a proposed decision or final
			 order.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.2 - Notice of Hearing and Answer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of charges.
a.
			 Where conciliation efforts fail and it is determined that the record justifies
			 proceeding to hearing, the commission's attorney or the executive director
			 shall prepare a written statement of charges in support of the complaint and
			 forward it to the presiding officer together with a request for a hearing
			 date.
b. The statement of charges
			 shall contain:
(1) An allegation that the
			 respondent is a proper respondent within the meaning of and subject to
			 provisions of the Iowa civil rights Act.
(2) A factual allegation or allegations of an
			 unfair or discriminatory practice or practices, substantially as uncovered in
			 the investigation, stated in the complaint (including amendments thereto),
			 stated in the order of probable cause, or stated in the investigative
			 summary.
c. A statement
			 of charges is sufficient if it:
(1) Names the
			 respondents and complainants;
(2)
			 States the section(s) of the statute alleged to be violated; and
(3) Incorporates by reference the complaint
			 and any amendments to the complaint.
d. The statement of charges shall also
			 specifically identify all allegations, if any, in the complaint, as amended,
			 which:
(1) Have been closed by other than a
			 probable cause finding, or
(2) The
			 commission has elected not to prosecute despite a probable cause
			 finding.
e. None of the
			 allegations identified pursuant to paragraph 4.2(1)
"d"
shall
			 be considered as a claim of discrimination in the contested case proceeding,
			 but evidence on such allegations may be considered when relevant to other
			 allegations of discrimination or as background evidence.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.3 - Amendment

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any notice of
			 hearing, petition, statement of charges, or other charging document may be
			 amended before a responsive pleading has been filed. Amendments to pleadings
			 after a responsive pleading has been filed and to an answer may be allowed with
			 the consent of the other parties or in the discretion of the presiding officer
			 who may impose terms or grant a continuance. Leave to amend, including leave to
			 amend to conform to the proof, shall be freely given when justice so
			 requires.
(2) Amendment to conform
			 to proof When issues not raised by the notice of hearing or the answer are
			 tried by express or implied consent of the parties, they shall be treated in
			 all respects as if they had been raised in the pleadings. Such amendment of the
			 pleadings as may be necessary to cause them to conform to the evidence and to
			 raise these issues may be made upon motion of any party at any time, even after
			 the final decision; but failure so to amend does not affect the result of the
			 trial of these issues. If evidence is objected to at the hearing on the ground
			 that it is not within the issues made by the pleadings, the presiding officer
			 may allow the pleadings to be amended and shall do so freely when the
			 presentation of the merits of the action will be served thereby and the
			 objecting party fails to satisfy the presiding officer that the admission of
			 such evidence would prejudice that party in maintaining the action or defense
			 upon the merits. The presiding officer may grant a continuance to enable the
			 objecting party to meet such evidence.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.5 - Consolidation and Severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds for consolidation.
The presiding officer may, upon
			 motion, consolidate any or all matters at issue in two or more contested case
			 proceedings where:
a. The matters at issue
			 involve common parties or common questions of fact or law;
b. Consolidation would expedite and simplify
			 consideration of the issues involved; and
c. Consolidation would not adversely affect
			 the rights of any of the parties to those proceedings.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.6 - Filing and Service of Documents

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law,
			 every pleading, motion, document, or other paper filed in a contested case
			 proceeding and every other paper relating to discovery in such a proceeding
			 shall be served upon each of the parties of record to the proceeding, including
			 the person designated as advocate or prosecutor for the commission,
			 simultaneously with their filing. Except for the original notice of hearing and
			 an application for rehearing as provided in Iowa Code section
			 17A.16(2),
			 the party filing a document is responsible for service on all
			 parties.
(2)
Service
-
how made.
Service upon a party
			 represented by an attorney shall be made upon the attorney unless otherwise
			 ordered. Service is made by delivering, mailing, or transmitting by fax
			 (facsimile) a copy to the attorney or to the party at the attorney's or party's
			 last-known address. Service by mail is complete upon mailing, except where
			 otherwise specifically provided by statute, rule or order
(3)
Filing
-
when
			 required.
After the notice of hearing, all pleadings, motions,
			 documents or other papers shall be filed with the presiding officer at the
			 following address: Civil Rights Administrative Law Judge (or the name of the
			 presiding officer). Department of Inspections and Appeals, Lucas State Office
			 Building, Des Moines, Iowa 50319. Except as provided by these rules, the Iowa
			 Rules of Civil Procedure pertaining to discovery, or other law, all pleadings,
			 motions, documents or other papers that are required to be served upon a party
			 shall be filed simultaneously with the presiding officer
(4)
Filing
-
how and
			 when made.
In a contested case before the commission a document is
			 filed by any of the methods described in 481-subrule 10.12(3). The date a
			 document is deemed to be filed in a contested case before the commission is
			 determined according to 481-subrule 10.12(3).
(5)
Proof of mailing
a. In a contested case before the commission
			 proof of mailing is made according to 481-subrule 10.12(4).
b. Conflict among proofs of mailing. The date
			 of mailing is the date shown by the legible United States Postal Service
			 postmark and, only in the absence of a legible postmark, the date of mailing is
			 the date shown by the affidavit, certificate, or certification of
			 mailing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.7 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Civil
			 procedure rules govern discovery.
Discovery procedures applicable in
			 civil actions, as set forth in the Iowa Rules of Civil Procedure, are
			 applicable in contested cases. Unless lengthened or shortened by these rules or
			 by order of the presiding officer, time periods for compliance with discovery
			 shall be as provided in the Iowa Rules of Civil Procedure.
(2)
Motions relating to
			 discovery.
Any motion relating to discovery shall allege that the
			 moving party has made a good-faith attempt to resolve the discovery issues
			 involved with the opposing party. Motions in regard to discovery shall be ruled
			 upon by the presiding officer. Opposing parties shall be afforded the
			 opportunity to respond within ten days of the filing of the motion unless the
			 time is shortened as provided in subrule 4.7(1). The presiding officer may rule
			 on the basis of the written motion and any response, or may order argument on
			 the motion.
(3)
Use at
			 hearing.
Evidence obtained in discovery may be used in the contested
			 case proceeding if that evidence would otherwise be admissible in that
			 proceeding.
(4)
Sanctions
			 available.
The Iowa Rules of Civil Procedure govern what sanctions may
			 be imposed by the presiding officer for the failure to comply with a discovery
			 order, the failure to respond to discovery, or failing to otherwise comply with
			 the rules of discovery.
(5)
Discovery on commission and complainant.
When discovery of
			 information from the complainant is sought, discovery should be made upon the
			 complainant with a copy thereof provided to the commission's representative.
			 When discovery of information from the commission is sought, discovery should
			 be made upon the commission with a copy thereof provided to the complainant or
			 the complainant's representative. Discovery of the commission's investigative
			 file may be made pursuant to Iowa Code section
			 17A.13(2).
(6)
Discovery materials not
			 filed.
Unless otherwise ordered by the presiding officer, no
			 deposition, notice of deposition, interrogatory, request for production of
			 documents, request for admission, or response, document or thing produced, or
			 objection thereto shall be filed. Any motion attacking the sufficiency of a
			 response to a discovery request must have a copy of the request and response
			 attached or the motion may be denied. This rule does not apply to depositions
			 to perpetuate testimony.
(7)
Discovery conference. A
discovery conference may be ordered,
			 requested, and held in the same manner and upon the same terms as are provided
			 for in Iowa Rule of Civil Procedure 124.2.
(8)
Duplication of civil procedure
			 rules.
The duplication in these rules of provisions contained within
			 the Iowa Rules of Civil Procedure relating to discovery does not imply that
			 other portions of the civil procedure rules do not govern discovery in
			 contested cases before the commission.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.8 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance of subpoenas.
a. A
			 commission subpoena shall be issued to a party upon request. Such a request
			 should be in writing, but oral requests may be honored by the presiding officer
			 The request shall include the name, address, and telephone number of the
			 requesting party. The presiding officer may issue a subpoena, or a subpoena for
			 the production of documentary evidence, signed but otherwise in blank to a
			 party requesting it, who shall fill it in before service.
b. Parties are responsible for service of
			 their own subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.9 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Form.
No technical form for motions is required. However
			 prehearing motions must be in writing, state the grounds for relief, and state
			 the relief sought. Any motion for summary judgment shall comply with the Iowa
			 Rules of Civil Procedure. Motions made during the hearing may be stated orally
			 upon the record.
(2)
Response.
Any party may file a written response to a motion
			 within 14 days after the motion is served, unless the time period is extended
			 or shortened by the rules of the commission or the presiding officer The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
Oral argument.
a. The
			 presiding officer may schedule oral argument on any motion.
b. Oral arguments on motions shall be held in
			 Des Moines or by telephone conference call, unless the presiding officer orders
			 otherwise.
c. A record of arguments
			 will be made at the discretion of the presiding officer A record may be made by
			 tape recording or by certified shorthand reporter
d. The expense of transcribing a record of
			 the oral argument or any part thereof shall be charged to the requesting
			 party.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.10 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Subject matter of conference. Upon the presiding officer's own motion or the
			 motion of the parties, the presiding officer may direct the parties or their
			 counsel to meet with the presiding officer for a conference to consider:
a. Simplification of the issues;
b. Necessity or desirability of amendments to
			 pleadings for purposes of clarification, simplification, or
			 limitation;
c. Stipulations,
			 admissions of fact and of contents and authenticity of documents;
d. Limitation of number of
			 witnesses;
e. Scheduling dates for
			 the exchange of witness lists and proposed exhibits;
f. Identifying matters which the parties
			 intend to request be officially noticed;
g. Such other matters, including discovery
			 matters, as may tend to expedite the disposition of the proceedings.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.11 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made to the presiding officer
(1)
			 Written or oral motions for continuance. A written motion for a continuance
			 shall:
a. Be made at the earliest possible
			 time and no less than seven days before the hearing except in case of
			 unanticipated emergencies;
b. State
			 the specific reasons for the request; and
c. Be signed by the requesting party or the
			 party's representative.
An oral motion for a continuance may be made if the presiding
				officer waives the requirement for a written motion. However, a party making an
				oral motion for a continuance must confirm that request by written motion
				within five days after the oral request unless that requirement is waived by
				the presiding officer No motion for continuance shall be made or granted
				without notice to all parties except in an emergency where notice is not
				feasible.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.12 - Telephone Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may resolve preliminary procedural
				motions by telephone conference in which all parties have an opportunity to
				participate. Other telephone proceedings may be held with the consent of all
				parties or by order of the presiding officer The presiding officer will
				determine the location of the parties and witnesses for telephone hearings. The
				convenience of the witnesses or parties, as well as the nature of the case,
				will be considered when location is chosen.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.13 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A presiding
			 officer or other person shall withdraw from participation in the making of any
			 proposed or final decision in a contested case if that person:
a. Has a personal bias or prejudice
			 concerning a party or a representative of a party;
b. Has personally investigated, prosecuted or
			 advocated in connection with that case, the specific controversy underlying
			 that case, another pending factually related contested case, or a pending
			 factually related controversy that may culminate in a contested case involving
			 the same parties;
c. Is subject to
			 the authority, direction or discretion of any person who has personally
			 investigated, prosecuted or advocated in connection with that contested case,
			 the specific controversy underlying that contested case, or a pending factually
			 related contested case or controversy involving the same parties;
d. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
e. Has a personal financial interest in the
			 outcome of the case or any other significant personal interest that could be
			 substantially affected by the outcome of the case;
f.Has a spouse or relative within the third
			 degree of relationship that:
(1) is a party
			 to the case, or an officer, director or trustee of a party;
(2) is a lawyer in the case;
(3) is known to have an interest that could
			 be substantially affected by the outcome of the case; or
(4) is likely to be a material witness in the
			 case; or
g. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.15 - Powers of Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer who presides at the hearing shall have
				all powers necessary to the conduct of a fair and impartial hearing including,
				but not limited to, the power to:
1.
			 Conduct formal hearings in accordance with the provisions of this
			 chapter;
2. Administer oaths and
			 examine witnesses;
3. Compel the
			 production of documents and appearance of witnesses in control of the
			 parties;
4. Issue
			 subpoenas;
5. Issue decisions and
			 orders;
6. Rule on motions, and
			 other procedural items or matters pending before the presiding
			 officer;
7. Require the submission
			 of briefs;
8. Issue such orders and
			 rulings as will ensure the orderly conduct of the proceedings;
9. Receive, rule on, exclude or limit
			 evidence and limit lines of questioning or testimony which are irrelevant,
			 immaterial, or unduly repetitious;
10. Maintain the decorum of the hearing
			 including the power to refuse to admit or to expel anyone whose conduct is
			 disorderly;
11. Take any action
			 authorized by these rules;
12.
			 Impose appropriate sanctions against any party or person failing to obey an
			 order under these rules which may include:
* Refusing to allow the disobedient party to support or oppose
				designated claims or defenses, or prohibiting the party from introducing
				designated matters in evidence;
* Excluding all testimony of an unresponsive or evasive
				witness, or determining that the answer of such witness, if given, would be
				unfavorable to the party, if any, having control over the witness; and
* Expelling any party or person from further participation in
				the hearing.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.16 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Objections. All objections shall be timely made and stated in the record. Any
			 objection not duly made before the presiding officer shall be deemed
			 waived.
(2) Representation of
			 parties. Parties have the right to participate or to be represented in all
			 hearings or prehearing conferences related to their case. Partnerships,
			 corporations, or associations may be represented by any member, officer,
			 director or duly authorized agent. Any party may be represented by an attorney
			 or another person authorized by law.
(3) Rights of parties. 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.
(4) Sequestration of
			 witnesses. At the request of a party, a presiding officer may order witnesses
			 sequestered so they cannot hear the testimony of other witnesses, and the judge
			 may make the order sua sponte. This rule does not authorize sequestration of
			 (a) a party who is a natural person, or (b) an officer or employee of a party
			 which is not a natural person designated as its representative by its attorney,
			 or (c) a person whose presence is shown by a party to be essential to the
			 presentation of the cause.
(5) 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 proceeding;
b. The parties shall be given an opportunity
			 to present an opening statement;
c.
			 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, parties may be given the opportunity to present final
			 arguments.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.18 - Evidence of Past Sexual Practices

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Discovery regarding past sexual practices. In a contested case alleging conduct
			 which constitutes sexual harassment, a party seeking discovery of information
			 concerning the complainant's sexual conduct with persons other than the person
			 who committed the alleged act of sexual harassment, must establish specific
			 facts showing good cause for that discovery, and that the information sought is
			 relevant to the subject matter of the action, and reasonably calculated to lead
			 to the discovery of admissible evidence.
(2) Evidence of past sexual practices
			 inadmissible. In a contested case against a respondent who is accused of sexual
			 harassment, or whose agent or employee is accused of sexual harassment,
			 evidence concerning the past sexual behavior of the alleged victim is not
			 admissible.
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.20 - Posthearing Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In general.
			 The presiding officer may fix times for submission of posthearing briefs.
			 Unless otherwise ordered by the presiding officer, such briefs shall be filed
			 simultaneously by all parties and there shall be no page limit nor any other
			 formal requirements.
(2) Reply
			 briefs. If simultaneous briefs are filed then any party may file a reply brief
			 within 10 days after service of the brief to which the reply is made.
(3) Supplemental briefs. Posthearing briefs
			 in addition to those ordered by the presiding officer under subrule 4.20(1) or
			 those allowed by subrule 4.20(2) may be filed only upon application to the
			 presiding officer
(4) Extensions. A
			 motion for an extension of the time to file a brief shall be made no later than
			 the day before the brief is due. A motion for an extension to file a brief may
			 be oral and may be granted ex parte where the movant represents
			 either
(a)
that the other parties who are filing briefs have
			 been notified and that the motion is unopposed or
(b)
that
			 there is an emergency which justifies such a request. An order granting an
			 extension shall be in writing.
(5)
			 Late filing. Upon motion and within the discretion of the presiding officer a
			 brief which is filed late may be struck.
(6) Failure in a party's briefs to state, to
			 argue, or to cite authority in support of an issue may be deemed waiver of that
			 issue by that party before the presiding officer
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.21 - Requests to Present Additional Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
In general.
A party may
			 request the taking of additional evidence only by establishing that the
			 evidence is material, that good cause existed for failure to present the
			 evidence at the hearing, and that the party has not waived the right to present
			 the evidence.
(2)
After
			 proposed decision issued.
If a request to present additional evidence
			 is made after the issuance of the proposed decision by the presiding officer
			 then the request must be filed with the appeal or, by a nonappealing party,
			 within 14 days after the service of the appeal. If the commission grants the
			 motion to present additional evidence, the commission shall remand the case to
			 the presiding officer for the taking of the additional evidence and any
			 appropriate modification of the proposed order
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.22 - Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written decision.
After a review of the transcript, the
			 evidence, and the briefs, the presiding officer shall set forth, in writing,
			 findings of fact, conclusions of law, and a proposed decision and order The
			 proposed decision becomes the final decision of the commission without further
			 proceedings unless there is an appeal to, or review on motion of, the Iowa
			 civil rights commission within the time provided in rule
			 161-4.23
			 (17A).
(2)
Notification.
Upon receipt of the presiding officer's proposed
			 decision, the commission shall forward a copy of the proposed decision to each
			 of the parties by certified mail. A copy shall also be sent to counsel and to
			 each commissioner
Iowa Administrative Code › Agency 161 - Civil Rights Commission › Chapter 4 - Contested Cases › Rule 161-4.23 - Review of Proposed Decision on Appeal to the Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Appeal by party. Any adversely affected
			 party may appeal a proposed decision to the commission within 30 days after
			 issuance of the proposed decision.
(2) Review. The commission may initiate
			 review of a proposed decision on its own motion at any time within 60 days
			 following the issuance of such a decision.
(3) Notice of appeal. An appeal of a proposed
			 decision is initiated by filing a timely notice of appeal with the Iowa civil
			 rights commission. The notice of appeal must be signed by the appealing party
			 or a representative of that party and contain a certificate of service. The
			 notice shall specify:
a. The parties
			 initiating the appeal;
b. The
			 proposed decision or order appealed from;
c. The specific findings or conclusions to
			 which exception is taken and any other exceptions to the decision or
			 order;
d. The relief
			 sought;
e. The grounds for
			 relief.