Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 5 - Purchasing › Rule 751-5.19 - Review of Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The proposed decision shall become the
			 final decision of the commission 15 days after mailing of the proposed
			 decision, unless prior to that time a party submits an appeal from, or a
			 commission member requests a review of the proposed decision.
(2) A party appealing the proposed decision
			 shall mail a copy of the notice of an appeal to all other parties. If a
			 commission member requests a review of the proposed decision, the commission
			 will mail a copy of the request for review to all parties. Within 15 days after
			 mailing of a notice of appeal or of a request for review, any party may submit
			 to the commission (in an original and eight copies) exceptions to and a brief
			 in support of or opposition to the proposed decision, copies of which
			 exceptions or brief shall be mailed by the submitting party to all other
			 parties to the proceeding. The executive director shall notify the parties if
			 the commission deems oral arguments by the parties to be appropriate. The
			 executive director will schedule review of the proposed decision at the next
			 commission meeting occurring not less than 30 days after mailing of the notice
			 of appeal or request for review.
(3) A party appealing a proposed decision
			 shall mail or deliver the notice of appeal to the executive director of the
			 Iowa telecommunications and technology commission at the ICN main office
			 location as listed in 751-subrule 1.6(1). Failure to request review will
			 preclude judicial review unless the commission reviews a decision on its own
			 motion. Notice of the review will be sent to all parties participating in the
			 appeal.
(4) The commission shall
			 review the proposed decision based on the record and limited to issues raised
			 in the hearing. The commission shall not take any further evidence and shall
			 not consider issues that were not raised at the hearing. The issues shall be
			 specified in the party's request for review. The party seeking review shall be
			 responsible for transcribing any tape of the proceeding before the presiding
			 officer and file the transcript as part of the record for review. The party
			 seeking review shall bear the cost of the transcription regardless of the
			 method used to transcribe the tape.
(5) Each party shall have opportunity to file
			 exceptions to the proposed decision and to present briefs in support of or in
			 opposition to the proposed decision. The commission may set a deadline for
			 submission of briefs. When the commission consents, oral arguments may be
			 presented. A party wishing to make an oral argument shall specifically request
			 it. All parties shall be notified in advance of the scheduled time and
			 place.
(6) Requests for rehearing
			 shall be made to the commission within 20 days of issuing a final decision. A
			 rehearing may be granted when new legal issues are raised, new evidence is
			 available, an obvious mistake is corrected, or when the decision fails to
			 include adequate findings or conclusions on all issues. A request for rehearing
			 is not necessary to exhaust administrative remedies.
(7) Judicial review of the commission's final
			 decisions may be sought in accordance with Iowa Code section
			 17A.19.