Iowa Administrative Code › Agency 61 - Attorney General › Chapter 17 - Iowa Mediation Program › Rule 61-17.12 - Appeal Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of denial of mediation release.
If the mediator
			 determines that a mediation release should not be issued because the creditor,
			 party seeking to initiate a civil proceeding against a farm resident or the DNR
			 has not participated in a mediation meeting, the mediator shall within seven
			 days of the mediation meeting give notice by certified mail or in person that a
			 mediation release will not be issued. The notice shall inform the party seeking
			 the mediation release that it has seven days from the date the notice is
			 received to appeal the mediator's decision to the director of the mediation
			 service. The notice shall also inform the party as to the reasons for the
			 denial of the release and that another mediation meeting may be requested. A
			 copy of the notice of denial of mediation release shall be filed with the
			 director and mailed to the farm borrower, farm resident or affected landowner.
			 In addition, the mediator shall prepare a report detailing the reasons for
			 denial of the release and file the report with the director. Copies of the
			 report shall be served on all parties to the mediation meeting in the manner
			 and within the time provided for service of the notice of denial of mediation
			 release.
(2)
Appeal of
			 denial of the mediation release.
The party seeking the mediation
			 release may appeal the denial of the mediation release to the director of the
			 mediation service within seven days of receipt of the notice stating that the
			 release will not be issued. The appeal should be in writing and include: a
			 listing of the parties who attended the mediation meeting, a summary of the
			 reasons why denial of the mediation release should be reversed by the director
			 and a certificate or affidavit of mailing indicating that it was mailed within
			 seven days of receipt of the notice of denial of the mediation release. The
			 appeal should be addressed to: Iowa Mediation Service, Inc., 315 East Fifth
			 Street, Suite 4, Des Moines, Iowa 50309.
(3)
Notice of hearing.
Within 15 days of receipt of the appeal the director or designee of the
			 mediation service shall schedule a hearing on the appeal. The hearing shall be
			 scheduled no later than 30 days of the receipt of the notice of appeal. Written
			 notice of the hearing shall be delivered by the mediation service by certified
			 mail to all parties or attorneys attending the mediation meeting. The notice
			 shall specify the time, location, date and nature of the hearing.
(4)
Continuances.
The
			 director may upon application of a party to the appeal hearing continue the
			 hearing to a date certain. A continuance may be granted for any cause not
			 resulting from the fault or neglect of the applicant. Notice of the rescheduled
			 hearing shall be served in the same manner as the notice of hearing.
(5)
Failure to appear.
If a
			 party who has received notice of the appeal hearing fails to appear, the
			 director may proceed with the hearing and render a decision.
(6)
Conduct of the hearing.
Appeal hearings shall be heard by the director. The hearing shall be recorded
			 either by mechanical or electrical means, or by a certified shorthand reporter.
			 The proceedings or any part thereof shall be transcribed at the request of any
			 party with the expense of the transcription charged to the requesting party.
			 Hearings before the director shall follow the order established by these rules,
			 subject to modification at the discretion of the director:
a. The director shall read the notice of
			 appeal.
b. The party seeking the
			 mediation release may present evidence as to why the mediation release should
			 have been issued including any evidence which may rebut the mediator's
			 report.
c. Any other party of the
			 mediation meeting may present any evidence regarding the denial of the issuance
			 of the mediation release.