reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.3 - Commencement of a Contested Case and Probable Cause

Current through Register Vol. 47, No. 3, July 24, 2024
A contested case in a disciplinary proceeding is commenced by
				the filing and service of a statement of charges and notice of hearing. A
				contested case in a nondisciplinary proceeding is commenced by the filing and
				service of a notice of hearing. A contested case may only be commenced by the
				board upon a finding of probable cause to do so by a quorum of the
				board.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.4 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The board, board staff or a board committee may attempt to
				informally settle a disciplinary case before filing a statement of charges and
				notice of hearing. If the board and the licensee agree to a settlement of the
				case, a statement of charges shall be filed simultaneously with a consent order
				The statement of charges and consent order may be separate documents or may be
				combined in one document. By electing to sign a consent order, the licensee
				waives all rights to a hearing and all attendant rights. The consent order
				shall have the force and effect of a final disciplinary order entered in a
				contested case and shall be published as provided in rule 7.30(17A,272C).
				Matters not involving licensee discipline which may culminate in a contested
				case may also be settled through consent order Procedures governing settlement
				after notice of hearing is served are described in rule
				7.42(546,272C).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.4 - Informal Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
The board, board staff or a board committee may attempt to
				informally settle a disciplinary case before filing a statement of charges and
				notice of hearing. If the board and the licensee agree to a settlement of the
				case, a statement of charges will be filed simultaneously with a consent order.
				The statement of charges and consent order may be separate documents or may be
				combined in one document. By electing to sign a consent order, the licensee
				waives all rights to a hearing and all attendant rights. The consent order will
				have the force and effect of a final disciplinary order entered in a contested
				case and will be published as provided in rule
				193-7.30 (17A,272C). Matters not
				involving licensee discipline that may culminate in a contested case may also
				be settled through consent order. Procedures governing settlement after notice
				of hearing is served are described in rule
				193-7.42
				(546,272C).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.5 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
The statement of charges shall set forth the acts or omissions
				with which the respondent is charged including the statute(s) and rule(s) which
				are alleged to have been violated and shall be in sufficient detail to enable
				the preparation of the respondent's defense. The statement of charges shall be
				incorporated within or attached to the notice of hearing. The statement of
				charges and notice of hearing are public records open for public inspection
				under Iowa Code chapter 22.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.5 - Statement of Charges

Current through Register Vol. 47, No. 3, July 24, 2024
The statement of charges will set forth the acts or omissions
				with which the respondent is charged including the statute(s) and rule(s) that
				are alleged to have been violated and will be in sufficient detail to enable
				the preparation of the respondent's defense. The statement of charges will be
				incorporated within or attached to the notice of hearing. The statement of
				charges and notice of hearing are public records open for public inspection
				under Iowa Code chapter 22.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents of notice of
			 hearing.
Unless the hearing is waived, all contested cases shall
			 commence with the service of a notice of hearing fixing the time and place for
			 hearing. The notice, including any incorporated or attached statement of
			 charges, shall contain those items specified in Iowa Code section
			 17A.12(2)
			  and, if applicable, Iowa Code section
			 17A.18(3),
			 and the following:
1. A statement of the
			 time, place, and nature of the hearing;
2. A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
3. A reference to the particular sections of
			 the statutes and rules involved;
4.
			 A short and plain statement of the matters asserted;
5. Identification of all parties including
			 the name, address and telephone number of the assistant attorney general
			 designated as prosecutor for the state and the respondent's counsel where
			 known;
6. Reference to the
			 procedural rules governing conduct of the contested case proceeding;
7. Reference to the procedural rules
			 governing informal settlement after charges are filed;
8. Identification of the board or a panel of
			 board members as the presiding officer, or statement that the presiding officer
			 will be an administrative law judge from the department of inspections and
			 appeals;
9. If applicable,
			 notification of the time period in which a party may request, pursuant to Iowa
			 Code section 17A. 11 and rule
			 193-7.10
			 (17A,272C), that the presiding officer be an administrative law judge from the
			 department of inspections and appeals; and
10. A statement requiring or authorizing the
			 respondent to submit an answer of the type specified in rule
			 193-7.9 (17A,272C)
			 within 20 days after service of the notice of hearing.
11. If applicable, notification of the
			 licensee's right to request a closed hearing in a licensee disciplinary
			 proceeding.
12. Information on who
			 to contact if, because of a disability, auxiliary aids or services are needed
			 for a party to participate in the matter.
13. If applicable, the date, time, and manner
			 of conduct of a prehearing conference under rule
			 193-7.21
			 (17A,272C).
14. The mailing address
			 and e-mail address for filing with the board and notice of the option of e-mail
			 service as provided in subrule 7.17(6).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.6 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contents of notice of hearing.
Unless the hearing is waived,
			 all contested cases will commence with the service of a notice of hearing
			 fixing the time and place for hearing. The notice, including any incorporated
			 or attached statement of charges, will contain those items specified in Iowa
			 Code section 17A.12(2); Iowa
			 Code section 17A.18(3), if
			 applicable; and the following:
a. A statement
			 of the time, place, and nature of the hearing;
b. A statement of the legal authority and
			 jurisdiction under which the hearing is to be held;
c. A reference to the particular sections of
			 the statutes and rules involved;
d.
			 A short and plain statement of the matters asserted;
e. Identification of all parties including
			 the name, address and telephone number of the assistant attorney general
			 designated as prosecutor for the state and the respondent's counsel where
			 known;
f. Reference to the
			 procedural rules governing conduct of the contested case proceeding;
g. Reference to the procedural rules
			 governing informal settlement after charges are filed;
h. Identification of the board or a panel of
			 board members as the presiding officer, or statement that the presiding officer
			 will be an administrative law judge from the department of inspections,
			 appeals, and licensing;
i. If
			 applicable, notification of the time period in which a party may request,
			 pursuant to Iowa Code section
			 17A.11 and rule
			 193-7.10 (17A,272C), that the
			 presiding officer be an administrative law judge from the department of
			 inspections, appeals, and licensing;
j. A statement requiring or authorizing the
			 respondent to submit an answer of the type specified in rule
			 193-7.9 (17A,272C) within 20
			 days after service of the notice of hearing;
k. If applicable, notification of the
			 licensee's right to request a closed hearing in a licensee disciplinary
			 proceeding;
l. Information on who
			 to contact if, because of a disability, auxiliary aids or services are needed
			 for a party to participate in the matter;
m. If applicable, the date, time, and manner
			 of conduct of a prehearing conference under rule
			 193-7.21 (17A,272C);
			 and
n. The mailing address and
			 email address for filing with the board and notice of the option of email
			 service as provided in subrule 7.17(6).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.7 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Every statement of charges and notice of
			 hearing prepared by the board shall be reviewed and approved by the office of
			 the attorney general, which shall be responsible for the legal representation
			 of the public interest in all proceedings before the board. The assistant
			 attorney general assigned to prosecute a contested case before the board shall
			 not represent the board in that case but shall represent the public
			 interest.
(2) The respondent or
			 applicant may be represented by an attorney. The attorney shall file an
			 appearance in the contested case. If the attorney is not licensed to practice
			 law in Iowa, the attorney shall comply with Iowa Court Rule 31.14. Business
			 entities may be represented in a contested case by a nonlawyer partner,
			 officer, director, shareholder, member, director, or other owner or
			 manager.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.7 - Legal Representation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Every statement of charges and notice of hearing prepared by the board will be
			 reviewed and approved by the office of the attorney general, which will be
			 responsible for the legal representation of the public interest in all
			 proceedings before the board. The assistant attorney general assigned to
			 prosecute a contested case before the board will not represent the board in
			 that case but will represent the public interest.
(2) The respondent or applicant may be
			 represented by an attorney. The attorney will file an appearance in the
			 contested case. If the attorney is not licensed to practice law in Iowa, the
			 attorney will comply with Iowa Court Rule 31.14. Business entities may be
			 represented in a contested case by a nonlawyer partner, officer, director,
			 shareholder, member, director, or other owner or manager.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.8 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
Any person claiming an entitlement to a contested case
				proceeding shall 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.
The request for a contested case proceeding shall state the
				name and address of the requester; identify the specific board action which is
				disputed; describe issues of material fact in dispute; and, where 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. If the board grants the request, the board
				shall issue a notice of hearing. If the board denies the request, the board
				shall issue a written order specifying the basis for the
				denial.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.8 - Requests for Contested Case Proceeding

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any person claiming an entitlement to a
			 contested case proceeding will 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.
(2) The request
			 for a contested case proceeding will state the name and address of the
			 requester; identify the specific disputed board action; describe issues of
			 material fact in dispute; and, where 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. If the board grants the request, the board will issue a notice of
			 hearing. If the board denies the request, the board will issue a written order
			 specifying the basis for the denial.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.9 - Form of Answer

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Unless otherwise provided in the notice of hearing, the answer shall contain
			 the following information:
(2) The
			 answer may include any additional facts or information which the respondent
			 deems relevant to the issues and which may be of assistance in the ultimate
			 determination of the case, including explanations, remarks or statements of
			 mitigating circumstances
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.9 - Form of Answer

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided in the notice of hearing, the answer
				may include any additional facts or information that the respondent deems
				relevant to the issues and that may be of assistance in the ultimate
				determination of the case, including explanations, remarks or statements of
				mitigating circumstances.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.10 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The presiding officer in all licensee
			 disciplinary contested cases shall be the board, a panel of board members, or a
			 panel of nonboard member specialists as provided in Iowa Code subsections
			 272C.6(1)
			 and (2). When board members act as presiding
			 officer, they shall conduct the hearing and issue either a final decision or,
			 if a quorum of the board is not present, a proposed decision. As provided in
			 subrule 7.10(4), the board may be assisted by an administrative law judge when
			 the board acts as presiding officer
(2) In cases which do not pertain to licensee
			 discipline, the board may act as presiding officer or may notify the parties
			 that an administrative law judge will act as presiding officer at hearing and
			 issue a proposed decision. The use of an administrative law judge as presiding
			 officer is only an option in cases which do not pertain to licensee discipline
			 because only the board may conduct licensee discipline hearings pursuant to
			 Iowa Code section
			 272C.6.
			 Any party to a nondisciplinary case who wishes to request that the presiding
			 officer assigned to render a proposed decision be an administrative law judge
			 employed by the department of inspections and appeals must file a written
			 request within 20 days after service of a notice of hearing which identifies
			 the presiding officer as the board. The board may deny the request only upon a
			 finding that one or more of the following apply:
a. Neither the board nor any officer of the
			 board under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves a disciplinary hearing
			 to be held by the board pursuant to Iowa Code section
			 272C.6.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Funds are unavailable to
			 pay the costs of an administrative law judge and an interboard
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.10 - Presiding Officer

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 presiding officer in all licensee disciplinary contested cases will be the
			 board, a panel of board members, or a panel of nonboard member specialists as
			 provided in Iowa Code sections
			 272C.6(1)  and
			 272C.6(2). When
			 board members act as presiding officer, they will conduct the hearing and issue
			 either a final decision or, if a quorum of the board is not present, a proposed
			 decision. As provided in subrule 7.10(4), the board may be assisted by an
			 administrative law judge when the board acts as presiding officer.
(2) In cases that do not pertain to licensee
			 discipline, the board may act as presiding officer or may notify the parties
			 that an administrative law judge will act as presiding officer at hearing and
			 issue a proposed decision. The use of an administrative law judge as presiding
			 officer is only an option in cases that do not pertain to licensee discipline
			 because only the board may conduct licensee discipline hearings pursuant to
			 Iowa Code section 272C.6. Any party to a
			 nondisciplinary case who wishes to request that the presiding officer assigned
			 to render a proposed decision be an administrative law judge employed by the
			 department of inspections, appeals, and licensing will need to file a written
			 request within 20 days after service of a notice of hearing that identifies the
			 presiding officer as the board. The board may deny the request only upon a
			 finding that one or more of the following apply:
a. Neither the board nor any officer of the
			 board under whose authority the contested case is to take place is a named
			 party to the proceeding or a real party in interest to that
			 proceeding.
b. There is a
			 compelling need to expedite issuance of a final decision in order to protect
			 the public health, safety, or welfare.
c. The case involves a disciplinary hearing
			 to be held by the board pursuant to Iowa Code section
			 272C.6.
d. The case involves significant policy
			 issues of first impression that are inextricably intertwined with the factual
			 issues presented.
e. The demeanor
			 of the witnesses is likely to be dispositive in resolving the disputed factual
			 issues.
f. Funds are unavailable to
			 pay the costs of an administrative law judge and an interboard
			 appeal.
g. The request was not
			 timely filed.
h. The request is not
			 consistent with a specified statute.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.11 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time shall be computed as provided in
			 Iowa Code subsection
			 4.1(34).
(2) For good cause, 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.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.11 - Time Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Time
			 will be computed as provided in Iowa Code section
			 4.1(34).
(2) For good cause, 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 will afford all parties an
			 opportunity to be heard or to file written arguments.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.12 - 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.12 - 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.13 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the officer's own motion or as
				requested by a party, order hearings or argument to be held by telephone
				conference or other electronic means in which all parties have an opportunity
				to participate. The presiding officer will determine the location of the
				parties and witnesses for telephone or other electronic hearings. The
				convenience of the witnesses or parties, as well as the nature of the case,
				will be considered when location is chosen. Disciplinary hearings will
				generally not be held by telephone or electronic means in the absence of
				consent by all parties, but the presiding officer may permit any witness to
				testify by telephone or other electronic means. Parties shall disclose at or
				before the prehearing conference if any witness will be testifying by telephone
				or other electronic means. Objections, if any, shall be filed with the board
				and served on all parties at least three business days in advance of
				hearing.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.13 - Telephone and Electronic Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The presiding officer may, on the officer's own motion or as
				requested by a party, order hearings or argument to be held by telephone
				conference or other electronic means in which all parties have an opportunity
				to participate. The presiding officer will determine the location of the
				parties and witnesses for telephone or other electronic hearings. The
				convenience of the witnesses or parties, as well as the nature of the case,
				will be considered when location is chosen. Disciplinary hearings will
				generally not be held by telephone or electronic means in the absence of
				consent by all parties, but the presiding officer may permit any witness to
				testify by telephone or other electronic means. Parties will disclose at or
				before the prehearing conference if any witness will be testifying by telephone
				or other electronic means. Objections, if any, will be filed with the board and
				served on all parties at least three business days in advance of
				hearing.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.14 - 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.14 - Disqualification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 A presiding officer or other person will 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 who (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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.15 - 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 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.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.15 - 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 where (1) the matters at issue involve common
			 parties or common questions of fact or law; (2) consolidation would expedite
			 and simplify consideration of the issues involved; and (3) consolidation would
			 not adversely affect the rights of any of the parties to those
			 proceedings.
(2)
Severance.
The presiding officer may, for good cause shown,
			 order any contested case proceedings or portions thereof severed.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.16 - Amendments

Current through Register Vol. 47, No. 3, July 24, 2024
Any notice of hearing or statement of charges 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.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.18 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 scope of discovery described in Iowa Rule of Civil Procedure 1.503 shall apply
			 to contested case proceedings.
(2)
			 The following discovery procedures available in the Iowa Rules of Civil
			 Procedure are available to the parties in a contested case proceeding:
			 depositions upon oral examination or written questions; written
			 interrogatories; production of documents, electronically stored information,
			 and things; and requests for admission. Unless lengthened or shortened by the
			 presiding officer, the time frames for discovery in the specific Iowa Rules of
			 Civil Procedure govern those specific procedures.
a. Iowa Rules of Civil Procedure 1.701
			 through 1.717 regarding depositions shall apply to any depositions taken in a
			 contested case proceeding. Any party taking a deposition in a contested case
			 shall be responsible for any deposition costs, unless otherwise specified or
			 allocated in an order. Deposition costs include, but are not limited to,
			 reimbursement for mileage of the deponent, costs of a certified shorthand
			 reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.5 09 shall
			 apply to any interrogatories propounded in a contested case
			 proceeding.
c. Iowa Rule of Civil
			 Procedure 1.512 shall apply to any requests for production of documents,
			 electronically stored information, and things in a contested case
			 proceeding.
d. Iowa Rule of Civil
			 Procedure 1.510 shall apply to any requests for admission in a contested case
			 proceeding. Iowa Rule of Civil Procedure 1.511 regarding the effect of an
			 admission shall apply in a contested case proceeding.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.18 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 scope of discovery described in Iowa Rule of Civil Procedure 1.503 applies to
			 contested case proceedings.
(2) The
			 following discovery procedures available in the Iowa Rules of Civil Procedure
			 are available to the parties in a contested case proceeding: depositions upon
			 oral examination or written questions; written interrogatories; production of
			 documents, electronically stored information, and things; and requests for
			 admission. Unless lengthened or shortened by the presiding officer, the time
			 frames for discovery in the specific Iowa Rules of Civil Procedure govern those
			 specific procedures.
a. Iowa Rules of Civil
			 Procedure 1.701 through 1.717 regarding depositions applies to any depositions
			 taken in a contested case proceeding. Any party taking a deposition in a
			 contested case will be responsible for any deposition costs, unless otherwise
			 specified or allocated in an order. Deposition costs include but are not
			 limited to reimbursement for mileage of the deponent, costs of a certified
			 shorthand reporter, and expert witness fees, as applicable.
b. Iowa Rule of Civil Procedure 1.509 applies
			 to any interrogatories propounded in a contested case proceeding.
c. Iowa Rule of Civil Procedure 1.512 applies
			 to any requests for production of documents, electronically stored information,
			 and things in a contested case proceeding.
d. Iowa Rule of Civil Procedure 1.510 applies
			 to any requests for admission in a contested case proceeding. Iowa Rule of
			 Civil Procedure 1.511 regarding the effect of an admission applies in a
			 contested case proceeding.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.19 - Issuance of Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas issued in a contested case may
			 compel the attendance of witnesses at deposition or hearing, and may compel the
			 production of books, papers, records, and other real evidence. A command to
			 produce evidence or to permit inspection may be joined with a command to appear
			 at deposition or hearing, or each command may be issued separately. Subpoenas
			 shall be issued by the executive officer or designee upon a written request
			 that complies with this rule. In the case of a request for a subpoena of mental
			 health records, the request must confirm compliance with the following
			 conditions prior to the issuance of the subpoena:
a. The nature of the issues in the case
			 reasonably justifies the issuance of the requested subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. An attempt was made to
			 notify the patient and to secure an authorization from the patient for the
			 release of the records at issue.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.19 - Issuance of Subpoenas in a Contested Case

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Subpoenas issued in a contested case may
			 compel the attendance of witnesses at deposition or hearing, and may compel the
			 production of books, papers, records, and other real evidence. A command to
			 produce evidence or to permit inspection may be joined with a command to appear
			 at deposition or hearing, or each command may be issued separately. Subpoenas
			 will be issued by the executive officer or designee upon a written request that
			 complies with this rule. In the case of a request for a subpoena of mental
			 health records, the request will need to confirm compliance with the following
			 conditions prior to the issuance of the subpoena:
a. The nature of the issues in the case
			 reasonably justifies the issuance of the requested subpoena;
b. Adequate safeguards have been established
			 to prevent unauthorized disclosure;
c. An express statutory mandate, articulated
			 public policy, or other recognizable public interest favors access;
			 and
d. An attempt was made to
			 notify the patient and to secure an authorization from the patient for the
			 release of the records at issue.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.20 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No
			 technical form formotions is required. However, prehearing motions must be in
			 writing, state the grounds for relief, and state the relief sought.
(2) 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 the presiding officer. The
			 presiding officer may consider a failure to respond within the required time
			 period in ruling on a motion.
(3)
			 The presiding officer may schedule oral argument on any motion. If the board
			 requests that an administrative law judge issue a ruling on a prehearing
			 motion, the ruling is subject to interlocutory appeal pursuant to rule
			 193-7.31
			 (17A).
(4) Motions pertaining to
			 the hearing, except motions for summary judgment, must be filed and served at
			 least seven 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 an order of the presiding officer.
(5) 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.
(6) Motions for summary judgment must be
			 filed and served at least 20 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 rehearing pursuant to rule
			 193-7.33
			 (17A) and appeal pursuant to rule
			 193-7.32
			 (17A).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.20 - Motions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No
			 technical form for motions is required. However, prehearing motions need to be
			 in writing, state the grounds for relief, and state the relief
			 sought.
(2) 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 the presiding
			 officer. The presiding officer may consider a failure to respond within the
			 required time period in ruling on a motion.
(3) The presiding officer may schedule oral
			 argument on any motion. If the board requests that an administrative law judge
			 issue a ruling on a prehearing motion, the ruling is subject to interlocutory
			 appeal pursuant to rule
			 193-7.31 (17A).
(4) Motions pertaining to the hearing, except
			 motions for summary judgment, will need to be filed and served at least seven
			 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 an order of the presiding officer.
(5) Motions for summary judgment will comply
			 with the requirements of Iowa Rule of Civil Procedure 1.981 and are 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.
(6) Motions for summary judgment will need to
			 be filed and served at least 20 days prior to the scheduled hearing date, or
			 other time period determined by the presiding officer. Any party resisting the
			 motion will need to file and serve a resistance within ten days from the date a
			 copy of the motion was served unless otherwise ordered by the presiding
			 officer. The time fixed for hearing or nonoral submission will 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 rehearing pursuant to rule
			 193-7.33 (17A) and appeal
			 pursuant to rule 193-7.32 (17A).
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.21 - Prehearing Conference and Disclosures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 ten days prior to the hearing date. A prehearing conference shall be
			 scheduled not less than five business days prior to the hearing date. The board
			 shall set a prehearing conference in all licensee disciplinary cases and
			 provide notice of the date and time in the notice of hearing. Written notice of
			 the prehearing conference shall be given by the board to all parties. For good
			 cause the presiding officer may permit variances from this rule.
(2) Each party shall disclose at or prior 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 which 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.
c. 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.21 - Prehearing Conference and Disclosures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) 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 will be filed not
			 less than ten days prior to the hearing date. A prehearing conference will be
			 scheduled not less than five business days prior to the hearing date. The board
			 will set a prehearing conference in all licensee disciplinary cases and provide
			 notice of the date and time in the notice of hearing. Written notice of the
			 prehearing conference will be given by the board to all parties. For good
			 cause, the presiding officer may permit variances from this rule.
(2) Each party will disclose at or prior 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 need to be served on
				all parties.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.22 - 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) 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 unless 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
				where 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.22 - Continuances

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise provided, applications for continuances will
				be made to the presiding officer.
(1)
			 A written application for a continuance will:
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 will need to confirm that
				request by written application within five days after the oral request unless
				that requirement is waived by the presiding officer. No application for
				continuance will be made or granted without notice to all parties except in an
				emergency where 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 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.23 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing upon written notice filed with the board and
				served on all parties. Unless otherwise ordered by the board, a withdrawal
				shall be with prejudice.
Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 7 - Contested Cases › Rule 193-7.23 - Withdrawals

Current through Register Vol. 47, No. 3, July 24, 2024
A party requesting a contested case proceeding may withdraw
				that request prior to the hearing upon written notice filed with the board and
				served on all parties. Unless otherwise ordered by the board, a withdrawal will
				be with prejudice.