reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.1 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Form. A
			 complaint shall be on forms provided by the board and shall be certified under
			 penalty of perjury. The complaint shall contain all information required by
			 Iowa Code section
			 68B.32B(1).
			 The complainant may attach up to 20 pages of supporting documents to the
			 complaint.
(2) Board acceptance. A
			 complaint shall not be deemed accepted by the board until completion of the
			 legal review required by Iowa Code section
			 68B.32B(4).
			 If the board's legal counsel opines that the complaint contains a legally
			 sufficient allegation, the complaint is deemed accepted. If the board's legal
			 counsel opines that the complaint does not contain a legally sufficient
			 allegation and the board, upon review, makes a determination that the complaint
			 does contain a legally sufficient allegation, the complaint is then deemed
			 accepted. If both the board's legal counsel and the board opine that the
			 complaint does not contain a legally sufficient allegation, the complaint shall
			 be dismissed.
(3) Notice. Notice to
			 the subject of a complaint is made only when a complaint is accepted, subject
			 to the conditions of Iowa Code section
			 68B.32B(3).
			 A complaint is a public record, subject to the conditions of Iowa Code section
			 68B.32B(11).
(4) Board review. The board's review of a
			 formal complaint for legal sufficiency is not a contested case proceeding and
			 shall be made solely on the facts alleged in the complaint.
(5) Information provided to board. The board
			 may, on its own motion and without the filing of a complaint, initiate
			 investigations into matters that the board believes may be subject to the
			 board's jurisdiction. As provided in Iowa Code section
			 68B.32B(7),
			 persons may provide information to the board for possible board-initiated
			 investigation instead of filing a complaint.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.2 - Investigations-board Action

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Referral to staff.
Upon a determination that a complaint
			 contains a legally sufficient allegation, the board shall refer the complaint
			 to staff for investigation.
(2)
Board-initiated investigation.
On its own motion the board may
			 refer to staff for investigation matters that the board believes may be subject
			 to the board's jurisdiction, including matters brought to the board's attention
			 by members of the public.
(3)
Subpoenas.
Investigations may include the issuance and
			 enforcement of investigative subpoenas requiring the production of books,
			 papers, records, and other real evidence, as well as requiring the attendance
			 and testimony of witnesses.
(4)
Completion.
Upon completion of an investigation, staff shall
			 make a report to the board and may provide a recommendation for board
			 action.
(5)
Board
			 action.
Upon receipt and review of the staff investigative report and
			 any recommendations, the board may:
a.
			 Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable
			 cause to believe a violation has occurred;
c. Dismiss the matter without a determination
			 regarding probable cause as an exercise of administrative discretion;
d. Make a determination that probable cause
			 exists to believe a violation has occurred and direct administrative resolution
			 of the matter as provided in subrule 9.4(2); or
e. Make a determination that probable cause
			 exists to believe a violation has occurred and direct the issuance of a
			 statement of charges to initiate a contested case proceeding.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.3 - Grounds for Disciplinary Action

Current through Register Vol. 47, No. 3, July 24, 2024
The board may impose discipline against a person subject to the
				board's jurisdiction who commits a violation of Iowa Code chapter 68A, Iowa
				Code chapter 68B, Iowa Code section
				8.7,
				or rules adopted by the board.
This rule is intended to implement Iowa Code section
				68B.32A(9).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.5 - Settlements

Current through Register Vol. 47, No. 3, July 24, 2024
Settlements may be negotiated during an investigation or after
				the commencement of a contested case proceeding. Negotiations shall be
				conducted between the board's legal counsel and any person subject to the
				investigation or contested case proceeding. A settlement shall be in writing
				and is subject to approval of a majority of the board. If the board declines to
				approve a proposed settlement, the settlement shall be of no force or
				effect.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.6 - Whistle-blower Protection

Current through Register Vol. 47, No. 3, July 24, 2024
A person who discharges or discriminates against an employee
				because the employee filed a complaint, provided information to the board for a
				possible board-initiated investigation, or provided information during the
				course of a board investigation shall be subject to the board's complaint
				process if the employee filed the complaint or provided the information in good
				faith. If it is determined after a contested case proceeding that a person has
				impermissibly discharged or discriminated against an employee, the board may
				impose sanctions as set out in Iowa Code section
				68B.32D.
For purposes of this rule, "good faith" means that any
				statements or materials in a complaint, in information provided to the board
				for a possible board-initiated investigation, or provided in information during
				the course of a board investigation were made or provided with a reasonable
				belief that such statements or materials were true and accurate.
This rule is intended to implement Iowa Code sections
				68B.32A(14)
				 and
				68B.32B.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 9 - Complaint, Investigation, and Resolution Procedures › Rule 351-9.7 - Providing False Information to the Board During an Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
A person providing false information to the board during a
				board investigation of a potential violation of Iowa Code chapter 68A or 68B,
				Iowa Code section
				8.7,
				or rules adopted by the board may be subject to the complaint or administrative
				resolution process as provided under Iowa Code chapter 68B and rule
				351-9.4
				(68B). For purposes of this rule, "providing false information" means the
				intentional providing of a false material statement of fact, falsely denying
				knowledge of a material fact, or providing a material statement of fact with a
				reckless disregard for the truth of the statement.
This rule is intended to implement 2009 Iowa Code Supplement
				section
				68B.32A as
				amended by 2010 Iowa Acts, Senate File 2067, section 5.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
Except where otherwise specifically defined by law:
"Contested case"
means a proceeding defined by
				Iowa Code section
				17A.2(5)
				 and includes any matter defined as a no
				factual dispute contested case.
"Issuance "
means the date of mailing of a
				decision or order or date of delivery if service is by other means unless
				another date is specified in the order
"Party"
means each person or agency named or
				admitted as a party or properly seeking and entitled as of right to be admitted
				as a party.
"Presiding officer"
means the board member
				designated to be the presiding officer or the administrative law judge assigned
				by the department of inspections and appeals division of administrative
				hearings. However, with regard to substantive or dispositive motions,
				"presiding officer" means all participating members of the board.
"Proposed decision "
means the presiding
				officer's recommended findings of fact, conclusions of law, decision, and order
				in a contested case in which the Iowa ethics and campaign disclosure board did
				not preside.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.3 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Time shall be computed as provided in Iowa Code subsection
				4.1(34).
				For good cause, the presiding officer may extend or shorten the time to take
				any action except as precluded by statute or by rule. 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.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.4 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may file request.
Any person claiming an entitlement to a contested case proceeding may file a
			 written request for such a proceeding within the time specified by the
			 particular rules or statutes governing the subject matter or, in the absence of
			 such law, the time specified in the board action in question. Upon petition by
			 any party in a matter that would be a contested case if there was a dispute
			 over the existence of material facts, all of the provisions of this chapter,
			 except those relating to presentation of evidence, shall be applicable even
			 though there is no factual dispute in the particular case.
(2)
Form of request.
The
			 request for a contested case proceeding shall state the name and address of the
			 requester, identify the specific board action that is disputed, and, when the
			 requester is represented by a lawyer, identify the provisions of law or
			 precedent requiring or authorizing the holding of a contested case proceeding
			 in the particular circumstances involved, and include a short and plain
			 statement of the issues of material fact in dispute.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.5 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Delivery.
Delivery of the notice of hearing constitutes the
			 commencement of the contested case proceeding. Delivery may be executed by:
a. Personal service as provided in the Iowa
			 Rules of Civil Procedure; or
b.
			 Certified mail, return receipt requested; or
c. First-class mail, address service
			 requested; or
d. Publication, as
			 provided in the Iowa Rules of Civil Procedure.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.6 - Waiver of Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise precluded by law, the parties in a contested
				case proceeding may waive any provision of this chapter However, the board in
				its discretion may refuse to give effect to such a waiver when it deems the
				waiver to be inconsistent with the public interest.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.7 - 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. The presiding officer shall 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, shall be considered when location is
				chosen.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.9 - Consolidation-severance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consolidation.
The presiding officer may consolidate any or
			 all matters at issue in two or more contested case proceedings when:
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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.10 - Pleadings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When
			 required.
Pleadings may be required by rule, by the notice of hearing,
			 or by order of the presiding officer
(2)
Statement of charges.
The statement of charges shall set forth in ordinary and concise language the
			 acts or omissions with which the person is charged and shall be of sufficient
			 detail to enable the efficient preparation of the respondent's defense. The
			 statement of charges shall specify all statutes and rules that are alleged to
			 have been violated and may also include additional information that the board
			 deems appropriate to the proceeding. The statement of charges shall be
			 consolidated with the notice of hearing described in rule
			 351-11.5
			 (17A,68B).
(3)
Answer
A respondent is not required to file an answer in
			 response to a statement of charges.
(4)
Amendment.
Any notice of
			 hearing, petition, or other charging document may be amended before a
			 responsive pleading has been filed. Amendments to pleadings after a responsive
			 pleading has been filed 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.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.11 - Service and Filing of Pleadings and Other Papers

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 paper relating to
			 discovery in such a proceeding shall be served upon each of the parties of
			 record simultaneously with their filing. The party filing a document is
			 responsible for service on all parties.
(2)
Service.
Service upon a
			 party represented by an attorney shall be made upon the attorney unless
			 otherwise ordered. Service is made by delivery or by mailing a copy to the
			 person's last-known address. Service by mail is complete upon mailing, except
			 where otherwise specifically provided by statute, rule, or order.
(3)
When filed.
Except where
			 otherwise provided by law, a document is deemed filed at the time it is
			 delivered to the office of the Iowa Ethics and Campaign Disclosure Board, 510
			 East 12th Street, Suite 1 A, Des Moines, Iowa 50319, or mailed with proof of
			 mailing.
(4)
Proof of
			 mailing.
Proof of mailing includes either: a legible United States
			 Postal Service postmark on the envelope, a certificate of service, a notarized
			 affidavit, or a certification in substantially the following form: "I certify
			 imder penalty of perjury that on (date of mailing), I mailed copies of
			 (describe document) addressed to the (board office and address) and to the
			 names and addresses of the parties listed below by depositing the same in (a
			 United States post office mailbox with correct postage properly affixed or
			 state interoffice mail)."
(Date)
(Signature)
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.12 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicable procedure.
Discovery procedures applicable in civil
			 actions 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)
Motion for
			 discovery.
Any motion relating to discovery shall allege that the
			 moving party has previously 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 11.12(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 of
			 evidence.
Evidence obtained in discovery may be used in the contested
			 case proceeding if that evidence would otherwise be admissible in that
			 proceeding.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.13 - Subpoenas

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Issuance.
a. A board
			 subpoena shall be issued to a party upon written request. In the absence of
			 good cause for permitting later action, a request for a subpoena must be
			 received at least three days before the scheduled hearing. The request shall
			 include the name, address, and telephone number of the requesting
			 party.
b. Except to the extent
			 otherwise provided by law, parties are responsible for service of their own
			 subpoenas and payment of witness fees and mileage expenses.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.14 - 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.
(2)
Who
			 may file.
Any party may file a written response to a motion within ten
			 days after the motion is served, unless the time period is extended or
			 shortened by rules of the board or by 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.
The presiding officer may schedule oral
			 argument on any motion.
(4)
Time.
Motions pertaining to the hearing, except motions for
			 summary judgment, must be filed and served at least ten days prior to the date
			 of hearing unless there is good cause for permitting later action or the time
			 for such action is lengthened or shortened by rule of the board or by the
			 presiding officer
(5)
Motions for summary judgment.
Motions for summary judgment
			 shall comply with the requirements of Iowa Rule of Civil Procedure 1.981 and
			 shall be subject to disposition according to the requirements of that rule to
			 the extent such requirements are not inconsistent with the provisions of this
			 rule or any other provision of law governing the procedure in contested cases.
			 Motions for summary judgment must be filed and served at least 15 days prior to
			 the scheduled hearing date, or other time period determined by the presiding
			 officer Any party resisting the motion shall file and serve a resistance within
			 10 days, unless otherwise ordered by the presiding officer, from the date a
			 copy of the motion was served. The time fixed for hearing or nonoral submission
			 shall be not less than 15 days after the filing of the motion, unless a shorter
			 time is ordered by the presiding officer A summary judgment order rendered on
			 all issues in a contested case is subject to appeal and rehearing pursuant to
			 rules
			 351-11.26 (17A,68B)
			 and 11.27(17A,68B).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.15 - Prehearing Conference

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Procedure.
Any party may request a prehearing conference. A
			 written request for prehearing conference or an order for prehearing conference
			 on the presiding officer's own motion shall be filed not less than seven days
			 prior to the hearing date. A prehearing conference shall be scheduled not less
			 than three business days prior to the hearing date. The presiding officer shall
			 give written notice of the prehearing conference to all parties. For good cause
			 the presiding officer may permit variances from this rule.
(2)
Required subject matter
Each party shall bring to the prehearing conference:
a. A final list of the witnesses who the
			 party anticipates will testify at hearing. Witnesses not listed may be excluded
			 from testifying unless there was good cause for the failure to include their
			 names; and
b. A final list of
			 exhibits that the party anticipates will be introduced at hearing. Exhibits
			 other than rebuttal exhibits that are not listed may be excluded from admission
			 into evidence unless there was good cause for the failure to include them.
Witness or exhibit lists may be amended subsequent to the
				prehearing conference within the time limits established by the presiding
				officer at the prehearing conference. Any such amendments must be served on all
				parties.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.16 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances shall
				be made by the presiding officer
(1)
Form.
A written application 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 application for a continuance may be made if the
				presiding officer waives the requirement for a written motion. However, a party
				making such an oral application for a continuance must confirm that request by
				written application within five days after the oral request imless that
				requirement is waived by the presiding officer No application for continuance
				shall be made or granted without notice to all parties except in an emergency
				when notice is not feasible. The board may waive notice of such requests for a
				particular case or an entire class of cases.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.18 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Motion.
A motion to intervene in a contested case proceeding
			 shall state the grounds for the proposed intervention, the position and
			 interest of the proposed intervenor, and the possible impact of intervention on
			 the proceeding. A proposed answer or petition in intervention shall be attached
			 to the motion. Any party may file a response within 14 days of service of the
			 motion to intervene unless the time period is extended or shortened by the
			 presiding officer
(2)
When
			 filed.
A motion to intervene shall be filed as early in the proceeding
			 as possible to avoid adverse impact on existing parties or the conduct of the
			 proceeding. Unless otherwise ordered, a motion for leave to intervene shall be
			 filed before the prehearing conference, if any, or at least 20 days before the
			 date scheduled for hearing. Any later motion must contain a statement of good
			 cause for the failure to file in a timely manner An intervenor shall be bound
			 by any agreement, arrangement, or other matter previously raised in the case
			 unless the agreement, arrangement, or other matter previously raised in the
			 case is inequitable or unjust. Requests by untimely intervenors for
			 continuances that would delay the proceeding will ordinarily be
			 denied.
(3)
Grounds for
			 intervention.
The intervenor shall demonstrate that:
a. Intervention would not unduly prolong the
			 proceedings or otherwise prejudice the rights of existing parties;
b. The intervenor is likely to be aggrieved
			 or adversely affected by a final order in the proceeding; and
c. The interests of the intervenor are not
			 adequately represented by existing parties.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.19 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Role of presiding officer.
The presiding officer presides at
			 the hearing and may rule on motions, require briefs, issue a proposed decision,
			 and issue such orders and rulings as will ensure the orderly conduct of the
			 proceedings.
(2)
Objections.
All objections shall be timely made and stated on
			 the record.
(3)
Representation.
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.
(4)
Procedural rights.
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. Witnesses may be sequestered during the hearing.
(5)
Decorum.
The presiding
			 officer shall maintain the decorum of the hearing and may refuse to admit or
			 may expel anyone whose conduct is disorderly.
(6)
Hearing process.
The
			 presiding officer shall conduct the hearing in the following manner:
a. The presiding officer shall give an
			 opening statement briefly describing the nature of the proceedings;
b. The parties shall be given an opportunity
			 to present opening statements;
c.
			 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 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.20 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Admissibility.
The presiding officer shall rule on
			 admissibility of evidence and may, where appropriate, take official notice of
			 facts in accordance with all applicable requirements of law.
(2)
Stipulation of facts.
Stipulation of facts is encouraged. The presiding officer may make a decision
			 based on stipulated facts.
(3)
Limitation of evidence.
Evidence in the proceeding shall be
			 confined to the issues as to which the parties received notice prior to the
			 hearing unless the parties waive their right to such notice or the presiding
			 officer determines that good cause justifies expansion of the issues. If the
			 presiding officer decides to admit evidence on issues outside the scope of the
			 notice over the objection of a party who did not have actual notice of those
			 issues, that party, upon timely request, shall receive a continuance sufficient
			 to amend pleadings and to prepare on the additional issues.
(4)
Exhibits.
The party
			 seeking admission of an exhibit must provide opposing parties with an
			 opportunity to examine the exhibit prior to the ruling on its admissibility.
			 Copies of documents should normally be provided to opposing parties. All
			 exhibits admitted into evidence shall be appropriately marked and be made part
			 of the record.
(5)
Objections.
Any party may object to specific evidence or may
			 request limits on the scope of any examination or cross-examination. Such an
			 objection shall be accompanied by a brief statement of the groimds upon which
			 it is based. The objection, the ruling on the objection, and the reasons for
			 the ruling shall be noted in the record. The presiding officer may rule on the
			 objection at the time it is made or may reserve a ruling until the written
			 decision.
(6)
Offer of
			 proof.
Whenever evidence is ruled inadmissible, the party offering
			 that evidence may submit an offer of proof on the record. The party making the
			 offer of proof for excluded oral testimony shall briefly summarize the
			 testimony or, with permission of the presiding officer, present the testimony.
			 If the excluded evidence consists of a document or exhibit, it shall be marked
			 as part of an offer of proof and inserted in the record.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.22 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prohibited communications.
Following issuance of the notice of
			 hearing, there shall be no communication, directly or indirectly, between any
			 party or representative of any party in connection with any issue of fact or
			 law in a case and any person assigned to render a proposed or final decision or
			 make findings of fact or conclusions of law except upon notice and opportimity
			 for all parties to participate. This does not prohibit persons jointly assigned
			 such tasks from communicating with each other Nothing in this provision is
			 intended to preclude persons assigned to render a proposed or final decision in
			 a contested case or to make findings of fact or conclusions of law in such a
			 case from seeking the advice or help of persons other than those with personal
			 interest in, or those engaged in personally investigating as defined in subrule
			 11.8(1), prosecuting, or advocating in, either the case under consideration or
			 a pending factually related case involving the same parties as long as that
			 advice or help does not violate Iowa Code subsection
			 17A.12(8).
(2)
Disclosure of prohibited
			 communications.
Any person who receives a communication prohibited by
			 subrule 11.22(1) shall disclose that communication to all parties. A copy of
			 any prohibited written communication or a summary of any prohibited oral
			 communication shall be submitted for inclusion in the record. Any party
			 desiring to rebut the prohibited ex parte communication must be allowed to do
			 so, upon requesting the opportunity for rebuttal within ten days after notice
			 of the communication. If the effect of an ex parte communication is so
			 prejudicial that it cannot be cured by disclosure and rebuttal, a presiding
			 officer who receives the communication shall be disqualified and the portions
			 of the record pertaining to the communication shall be sealed by protective
			 order
(3)
Sanctions.
The board and any party may report any violation of
			 this rule to appropriate authorities for any disciplinary proceedings provided
			 by law. The presiding officer or the board may impose appropriate sanctions for
			 violations of this rule. Possible sanctions include a decision against the
			 offending party; censure, suspension, or revocation of the privilege to
			 practice before the board; and censure, suspension, dismissal, or other
			 disciplinary action against board personnel.
(4)
Affidavit
A party to a
			 contested case proceeding may file a timely and sufficient affidavit alleging a
			 violation of any provision of this rule. The board shall determine the matter
			 as part of the record in the case. When the board makes such a determination
			 with respect to a board member or board employee, that determination shall be
			 subject to de novo judicial review in any subsequent review proceeding of the
			 case.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.23 - Recording Costs

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request, the board shall provide a copy of the whole or
				any portion of the record at cost. The cost of preparing a copy of the record
				or of transcribing the hearing record shall be paid by the requesting party.
				Parties who request that a hearing be recorded by certified shorthand reporters
				rather than by electronic means shall bear the cost of that recordation, unless
				otherwise provided by law.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.24 - Interlocutory Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of a party or on its own motion, the board
				may review an order of the presiding officer In determining whether to do so,
				the board shall weigh the extent to which its granting the interlocutory appeal
				would expedite final resolution of the case and the extent to which review of
				that interlocutory order by the board at the time it reviews the proposed
				decision of the presiding officer would provide an adequate remedy. Any request
				for interlocutory review must be filed within 14 days of issuance of the
				challenged order, but no later than the time for compliance with the order or
				the date of hearing, whichever is first.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.25 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall automatically conduct a review of all proposed
				decisions that are issued by a presiding officer The proposed decision becomes
				the final decision of the board without further proceedings imless there is a
				proper application for rehearing under rule
				351-11.27
				(17A,68B).
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.26 - Board Review

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statement of exceptions.
Within 14 days after issuance of a
			 proposed decision, any party may serve a statement of exceptions taken with the
			 proposed decision, if any, together with a brief and argument, if any, by
			 delivery of the original and five copies of each document to the board's legal
			 counsel, and shall also serve copies to the opposing party. This time
			 requirement may be extended by stipulation of the parties and approval by the
			 presiding officer
(2)
Request for oral argument.
At the time designated for filing
			 briefs and arguments, either party may request oral argument. The board may
			 complete its review on the briefs or may grant an opportunity for oral
			 argument. If a request for oral argument is granted or such is required by the
			 board on its own motion, the board's legal counsel shall notify all parties of
			 the date, time, and place. The chairperson or the chairperson's designee shall
			 preside at the oral argument and determine the procedural order of the
			 proceedings.
(3)
Record on
			 review.
The record on review shall be the entire record made before
			 the hearing panel or presiding officer.
(4)
Additional evidence. A
written request to present additional evidence must be filed within 14 days of
			 issuance of the proposed decision. The board may remand a case to the presiding
			 officer for further hearing or may itself preside at the taking of additional
			 evidence.
(5)
Final
			 decision.
The board's decision on review of a proposed decision is a
			 final decision.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.27 - Application for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
By whom filed.
Any party to a contested case proceeding may
			 file an application for rehearing from a final order
(2)
Content of application.
The application for rehearing shall state on whose behalf it is filed, the
			 specific grounds for rehearing, and the relief sought. The application shall
			 state whether the applicant desires reconsideration of all or part of the board
			 decision on the existing record and whether, on the basis of the grounds
			 enumerated in subrule 11.26(4), the applicant requests an opportunity to submit
			 additional evidence.
(3)
Time of filing.
The application shall be filed with the board
			 within 20 days after issuance of the final decision.
(4)
Notice to other parties.
			 A
copy of the application shall be timely mailed by the applicant to
			 all parties of record not joining therein. If the application does not contain
			 a certificate of service, the board shall serve copies on all
			 parties.
(5)
Disposition.
Any application for a rehearing shall be deemed
			 denied unless the board grants the application within 20 days after its
			 filing.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.28 - Stay of Agency Actions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When available.
a. Any party
			 to a contested case proceeding may petition the board for a stay of an order
			 issued in that proceeding pending review by the board. The petition for a stay
			 shall be filed with the statement of exceptions and shall state the reasons
			 justifying a stay. The board may rule on the stay or authorize the presiding
			 officer to do so.
b. Any party to a
			 contested case proceeding may petition the board for a stay pending judicial
			 review of all or part of that proceeding. The petition for a stay shall state
			 the reasons justifying a stay.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.29 - No Factual Dispute Contested Cases

Current through Register Vol. 47, No. 3, July 24, 2024
If the parties agree that no dispute of material fact exists as
				to a matter that would be a contested case if such a dispute of fact existed,
				the parties may present all relevant admissible evidence either by stipulation
				or otherwise as agreed by the parties, without necessity for the production of
				evidence at an evidentiary hearing. If such agreement is reached, a jointly
				submitted schedule detailing the method and timetable for submission of the
				record, briefs, and oral argument shall be submitted to the presiding officer
				for approval as soon as practicable. If the parties cannot agree, any party may
				file and serve a motion for summary judgment pursuant to the rules governing
				such motions.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
who may file.
Any person may file a petition with the board
			 for a declaratory order concerning the applicability of any statute, rule,
			 policy, decision, or order within the primary jurisdiction of the
			 board.
(2)
Place of
			 filing.
A petition for a declaratory order shall be filed with the
			 board at 510 East 12th Street, Suite 1A,Des Moines, Iowa 50319. A petition may
			 also be filed by fax at(515)281-3701. A copy of the petition and any supporting
			 documents shall be filed with any party of record to the declaratory order
			 proceeding.
(3)
Petition
			 deemed filed. A
petition is deemed filed when it is received by the
			 board. The board shall provide the petitioner with a file-stamped copy of the
			 petition if the petitioner provides the board an extra copy for this
			 purpose.
(4)
Form of
			 petition.
The petition shall be typewritten or legibly handwritten in
			 ink and shall provide the following information:
a. A statement that the document is a
			 petition for a declaratory order
b.
			 A clear and concise statement of all relevant facts on which the order is
			 requested.
c. A citation and the
			 relevant language of the specific statutes, rules, policies, decisions, or
			 orders, whose applicability is questioned, and any other relevant
			 law.
d. The questions petitioner
			 wants answered, stated clearly and concisely.
e. The answers to the questions desired by
			 the petitioner and a summary of the reasons urged by the petitioner in support
			 of those answers.
f. The reasons
			 for requesting the declaratory order and disclosure of the petitioner's
			 interest in the outcome.
g. 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, are pending determination, or are
			 under investigation by any governmental entity.
h. 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.
i. Any request by petitioner for a meeting
			 provided for by rule
			 351-12.6
			 (17A,68B).
j. The name, mailing
			 address, and telephone number of the petitioner and petitioner's representative
			 if there is a representative.
k. A
			 statement indicating the person to whom communications concerning the petition
			 should be directed.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.2 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner may attach a brief to the petition in support of
				the position urged in the petition. The board may request a brief from the
				petitioner or from any other person concerning the questions raised in the
				petition. A requested brief shall be filed within ten days of receipt of notice
				from the board.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.3 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within ten days after receipt of a petition for a declaratory
				order, the board shall give notice of the petition to all persons not served by
				the petitioner to whom notice is required by any provision of law. The board
				may also give notice to any other persons.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.4 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Who may
			 intervene.
Persons who qualify under any applicable provision of law
			 and who file a petition for intervention within 20 days of the filing of a
			 petition for declaratory order shall be allowed to intervene in a proceeding
			 for a declaratory order
(2)
Board discretion. A
person who files a petition for
			 intervention at any time prior to the issuance of an order may be allowed to
			 intervene at the discretion of the board.
(3)
Place of filing. A
petition for intervention shall be filed with the board at 510 East 12th
			 Street, Suite lA, Des Moines, Iowa 50319. The petition may also be filed by fax
			 at (515)281-3701. The board shall provide the intervenor with a file-stamped
			 copy of the petition for intervention if the intervenor provides an extra copy
			 for this purpose. The intervenor shall also file a copy of the petition for
			 intervention and any supporting documents with the person who filed the
			 petition for a declaratory order
(4)
Form of petition.
The
			 petition for intervention shall be typewritten or legibly handwritten in ink
			 and shall provide the following information:
a. A statement that the document is a
			 petition for intervention and a reference to the original petition for a
			 declaratory order
b. Facts
			 supporting the intervenor's standing and qualifications for
			 intervention.
c. The answers urged
			 by the intervenor to the questions presented and a summary of the reasons urged
			 in support of those answers.
d.
			 Reasons for requesting intervention and disclosure of the intervenor's interest
			 in the outcome.
e. A statement
			 indicating whether the intervenor is currently a party to any proceeding
			 involving the questions at issue and whether, to the intervenor's knowledge,
			 those questions have been decided, are pending determination, or are under
			 investigation by any governmental entity.
f. The names and addresses of any additional
			 persons, or a description of any additional class of persons, known by the
			 intervenor to be affected by, or interested in, the proceeding.
g. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the
			 proceeding.
h. The name, mailing
			 address, and telephone number of the intervenor and the intervenor's
			 representative if there is a representative.
i. A statement indicating the person to whom
			 communications concerning the petition for intervention should be
			 directed.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a petition for a declaratory
				order may be made to the board at 510 East 12th Street, Suite lA, Des Moines,
				Iowa 50319.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.6 - Board Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner in the petition for a declaratory
				order, the board shall schedule a brief and informal meeting between the
				petitioner, all intervenors, and the board's executive director or legal
				counsel to discuss the petition. The board may solicit comments from any person
				on the questions presented in the petition. Any person may submit comments to
				the board on the questions raised in the petition.
Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 12 - Declaratory Orders › Rule 351-12.7 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time.
Within 30 days after the filing of the petition, or 5
			 days following a regular meeting of the board in which the petition has been
			 received and discussed, whichever comes earlier, the board shall issue an order
			 on the petition, set the matter for specified proceedings, agree to issue a
			 declaratory order by a specified time, or decline to issue the order and state
			 the reasons for doing so. If the board does not issue a declaratory order
			 within 60 days after the receipt of a petition for a declaratory order, the
			 petition is deemed denied. The parties may agree to extend the deadlines in
			 this subrule.
(2)
Date of
			 issuance.
The board is deemed to have issued an order or to have
			 refused to do so on the date the order or refusal is mailed or delivered to the
			 parties of record.