Iowa Administrative Code › Agency 193 - Professional Licensing and Regulation Bureau › Chapter 3 - Vendor Appeals › Rule 193-3.3 - Procedures for Vendor Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Each board's procedures for licensee disciplinary hearings
				shall be applicable, except as provided in these rules.
(1) Upon receipt of a notice of vendor
			 appeal, the board shall issue a written notice of the date, time and location
			 of the appeal hearing to both the aggrieved vendor or vendors and the
			 successful vendor. Service of the written notice of hearing shall be sent to
			 the e-mail address provided by the appellant unless the appellant specifically
			 requests that notice be mailed or sent by certified mail. Hearing shall be held
			 within 60 days of the date the notice of appeal was received by the
			 board.
(2) All hearings shall be
			 open to the public.
(3) Discovery
			 requests, if any, must be served by the parties within ten days of the filing
			 of the notice of appeal. Discovery responses or objections are due at least
			 seven business days prior to hearing.
(4) At least three business days prior to the
			 hearing, the parties shall exchange witness and exhibit lists. The parties
			 shall be limited at hearing to the witnesses and exhibits timely disclosed
			 unless the board finds good cause to allow additional witnesses or exhibits at
			 hearing.
(5) The hearing, at the
			 option of the board or administrative law judge, may be conducted in person, by
			 telephone, or on the Iowa communications network. When not conducted in person,
			 all exhibits must be delivered to the board or administrative law judge no less
			 than two business days prior to the hearing.
(6) Oral proceedings shall be recorded either
			 by mechanized means or by certified shorthand reporters. Parties requesting
			 that the hearing be recorded by certified shorthand shall bear the costs.
			 Copies of tapes of oral proceedings or transcripts of certified shorthand
			 reporters shall be paid for by the requester.
(7) Any party appealing the issuance of a
			 notice of award may petition for stay of the award pending its review. The
			 petition shall be filed with the notice of appeal and shall state the reasons
			 justifying a stay. The filing of the petition for stay does not automatically
			 stay the award. The board may grant a stay when it concludes that substantial
			 legal or factual questions exist as to the propriety of the award, the party
			 will suffer substantial and irreparable injury without the stay, and the
			 interest of the public or licensees will not be significantly harmed. A stay
			 may be vacated at any time upon application by any party or the board on its
			 own motion with prior notice to all parties.
(8) The record of the contested case shall
			 include all materials specified in Iowa Code subsection
			 17A.12(6)
			  and any other relevant procedural documents
			 regardless of their form.
(9) The
			 board or administrative law judge may request the parties to submit proposed
			 findings and conclusions or briefs.
(10) Any request for continuance must be in
			 writing, specifying the grounds, and filed no later than seven business days
			 prior to hearing.
(11) Requests for
			 rehearing shall be made to the board 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 is
			 not necessary to exhaust administrative remedies.
(12) Judicial review of the board's final
			 decision may be sought in accordance with the contested case provisions of Iowa
			 Code section
			 17A.19.