Iowa Administrative Code › Agency 351 - Ethics and Campaign Disclosure Board, Iowa › Chapter 11 - Contested Case Procedures › Rule 351-11.8 - Disqualification; Request for Administrative Law Judge

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Withdrawal.
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 prosecuted or advocated, in
			 connection with that case, the specific controversy underlying that case, or
			 another pending factually related contested case, or 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 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 personally investigated the pending
			 contested case. The term "personally investigated" means taking affirmative
			 steps to interview witnesses directly or to obtain documents or other
			 information directly. It does not include either direction and supervision of
			 assigned investigators or unsolicited receipt of oral information or documents
			 which are relayed to assigned investigators, review of another person's
			 investigative work product in the course of determining whether there is
			 probable cause to initiate a proceeding, or exposure to factual information
			 while performing other board functions, including fact gathering for purposes
			 other than investigation of the matter which culminates in a contested case.
			 Factual information relevant to the merits of a contested case received by a
			 person who later serves as presiding officer in that case shall be disclosed if
			 required by Iowa Code section
			 17A.17;
e. Has acted as counsel to any person who is
			 a private party to that proceeding within the past two years;
f. 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;
g. 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
h. Has any
			 other legally sufficient cause to withdraw from participation in the decision
			 making in that case.
In a situation where a presiding officer or other person knows
				of information that might reasonably be deemed to be a basis for
				disqualification and decides voluntary withdrawal is unnecessary, that person
				shall submit the relevant information for the record by affidavit and shall
				provide for the record a statement of the reasons for the determination that
				withdrawal is inappropriate.