Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 33 - Plumbing and Mechanical Systems Board-contested Cases › Rule 641-33.30 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Final
			 decisions.
When a quorum of the board presides over the reception of
			 the evidence at the hearing, its decision is a final decision. A majority of
			 the members constitutes a quorum. Final decisions will be served on the parties
			 in accordance with subrule 33.14(2). Final decisions of the board, including
			 consent agreements and consent orders, are public documents pursuant to Iowa
			 Code chapter 22.
(2)
Proposed panel decisions.
a.
Panel of specialists.
When a panel of three specialists
			 presides over the hearing, the panel will issue a proposed decision that will
			 include findings of fact but will not include conclusions of law or any
			 recommendation for or against the licensee discipline. A proposed decision of a
			 panel of specialists, together with a transcript of the proceedings and the
			 exhibits presented, will be reviewed by the board within 30 days of the date
			 the proposed decision was issued.
b.
Panel of board members.
When a panel of three or more board members presides over the hearing, the
			 panel will issue a proposed decision that will include proposed findings of
			 fact, conclusions of law, and the order. A proposed panel decision will be
			 reviewed by the board within 30 days of the date the proposed panel decision
			 was issued. A proposed panel decision becomes a final decision without further
			 proceedings unless appealed in accordance with paragraph
			 33.30(2)
"c."
c.
Appeal of proposed panel decisions.
A proposed panel decision
			 pursuant to paragraph 33.30(2)
"a"
or
			 33.30(2)
"b"
may be appealed to the full board by either party
			 by serving on the executive officer, either in person or by certified mail, a
			 notice of appeal within 30 days after service of the proposed decision on the
			 appealing party. The notice of appeal shall specify the party initiating the
			 appeal, the proposed decision or order appealed from, the specific findings or
			 conclusions to which exception is taken and any other exceptions to the
			 decision or order, the relief sought, and the grounds for relief.
(1) Following receipt of a notice of appeal,
			 the board will enter an order establishing a schedule for submission of briefs
			 and oral argument. The parties shall serve their briefs on the board and shall
			 furnish an additional copy to each party by first-class mail. Briefs will cite
			 any applicable legal authority and specify relevant portions of the record in
			 that proceeding.
(2) Oral argument
			 will be heard by the board unless waived by both parties. The time granted each
			 party for oral argument will be established by the board.
(3) The record on appeal will be the entire
			 record made before the hearing panel or administrative law judge.
d.
Confidentiality.
At no time prior to the release of the final decision
			 by the board shall a proposed decision be made public or distributed to any
			 person other than the parties.
e.
Requests to present additional evidence.
A party may request
			 the taking of additional evidence after the issuance of a proposed decision
			 only by establishing that:
(1) The evidence is
			 material; and
(2) The evidence
			 arose after the completion of the original hearing; or
(3) Good cause exists for failure to present
			 the evidence at the original hearing; and
(4) The party has not waived the right to
			 present additional evidence.
A written request to present additional evidence must be filed
				with the notice of appeal or by a nonappealing party within 14 days of service
				of the notice of appeal. The board may remand a case to the hearing panel for
				further hearing or may itself preside at the taking of additional
				evidence.