Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 152 - Tobacco Use Prevention and Control Funding Process › Rule 641-152.3 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any request for
			 an appeal concerning denial or partial denial of an application for funding
			 shall be submitted by an aggrieved party in writing to the department by
			 certified mail, return receipt requested, within ten days of receipt of the
			 notice of denial. The address is Department of Public Health, Tobacco Use
			 Prevention and Control Division, Lucas State Office Building, 321 E. 12th
			 Street, Des Moines, Iowa 50319. The request for appeal must state the party's
			 complete legal name, street address, telephone number, fax number, and the
			 specific grounds upon which the party challenges the board's denial, including
			 legal authority, if any. The request for appeal commences a contested
			 case.
(2) Upon receipt of an
			 appeal, the appeal shall be forwarded within five working days to the
			 department of inspections and appeals pursuant to the rules adopted by the
			 department regarding transmission of contested cases.
(3) The hearing shall be conducted according
			 to the procedural rules of the department of inspections and appeals found in
			 481-Chapter 4.
(4) When the hearing
			 officer makes a proposed decision and order, it shall be served by restricted
			 certified mail, return receipt requested, or delivered by personal service.
			 That proposed decision and order then becomes the department's final agency
			 action without further proceeding ten days after it is received by the
			 aggrieved party unless an appeal to the commission is taken as provided in
			 subrule 152.3(5).
(5) Any appeal to
			 the commission for review of the proposed decision and order of the
			 administrative law judge shall be filed in writing and mailed to the commission
			 by certified mail, return receipt requested, or delivered by personal service
			 within ten days after the receipt of the administrative law judge's proposed
			 decision and order by the aggrieved party. A copy of the appeal shall also be
			 mailed to the administrative law judge. Any request for appeal shall state the
			 reasons for appeal.
(6) Upon
			 receipt of an appeal request, the administrative law judge shall prepare the
			 record of the hearing for submission to the commission.
(7) Review of a proposed decision shall be
			 based on the record and limited to the issues raised in the hearing. The issues
			 shall be specified in the notice of appeal of a proposed decision. The party
			 requesting the review shall be responsible for transcribing any tape of the
			 oral proceedings or arranging for a transcript of oral proceedings reported by
			 a certified shorthand reporter.
(8)
			 Each party shall have the opportunity to file exceptions and present briefs.
			 The administrator may set deadlines for the submission of exceptions or briefs.
			 If oral argument will be held, the administrator shall notify all parties of
			 the date, time and location at least ten days in advance.
(9) The commission shall not receive any
			 additional evidence, unless it grants an application to present additional
			 evidence. Any such application must be filed by a party no less than five
			 business days in advance of oral argument. Additional evidence shall 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 commission shall order the conditions under
			 which it shall be presented.
(10)
			 The commission's final decision shall be in writing and it may incorporate all
			 or part of the proposed decision.
(11) The decision and order of the commission
			 becomes the department's final agency action pursuant to Iowa Code chapter 17A
			 upon receipt by the aggrieved party and shall be delivered by restricted
			 certified mail, return receipt requested, or by personal service.