Iowa Administrative Code › Agency 875 - Labor Services Division › Elevators, Escalators, and Related Equipment › Chapter 69 - Contested Cases Before the Elevator Safety Board › Rule 875-69.27 - Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed decision.
Decisions issued by a panel of less than a
				quorum of the board or by an administrative law judge are proposed decisions. A
				proposed decision issued by a panel of the board or an administrative law judge
				becomes a final decision if not timely appealed by any party or reviewed by the
				board.
(2)
Final
				decision.
When a quorum of the board presides over the reception of
				evidence at the hearing, the decision is a final decision. A copy of the final
				decision and order shall immediately be sent by certified mail to the
				appellant's last-known post office address or may be served as in the manner of
				original notices. Copies shall be mailed by interoffice mail or first-class
				mail to the counsel of record.
(3)
Appeals and review.
a.
Appeal by party.
Any adversely affected party may appeal a
				proposed decision to the board within 30 days after issuance of the proposed
				decision.
b.
Review.
The board may initiate review of a proposed decision
				on its own motion at any time within 30 days following the issuance of such a
				decision.
c.
Notice of
				appeal.
An appeal of a proposed decision is initiated by filing a
				timely notice of appeal with the board. The notice of appeal must be signed by
				the appealing party or a representative of that party and contain a certificate
				of service. The notice shall specify:
(1) The
				parties initiating the appeal;
(2)
				The proposed decision or order appealed from;
(3) The specific findings or conclusions to
				which exception is taken and any other exceptions to the decision or
				order;
(4) The relief
				sought;
(5) The grounds for
				relief.
d.
Requests to present additional evidence.
A party may request
				the taking of additional evidence only by establishing that the evidence is
				material, that good cause existed for the failure to present the evidence at
				the hearing, and that the party has not waived the right to present the
				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 presiding officer for
				further hearing or may itself preside at the taking of additional
				evidence.
e.
Scheduling.
The board shall issue a schedule for consideration
				of the appeal.
f.
Briefs and
				arguments.
Unless otherwise ordered, within 20 days of the notice of
				appeal or order for review, each appealing party may file exceptions and
				briefs. Within 20 days thereafter, any party may file a responsive brief.
				Briefs shall cite any applicable legal authority and specify relevant portions
				of the record in that proceeding. Written requests to present oral argument
				shall be filed with the briefs.
The board may resolve the appeal on the briefs or provide an
				  opportunity for oral argument. The board may shorten or extend the briefing
				  period as appropriate.
g.
Record.
The record on appeal or review shall be the entire
				record made before the hearing panel or administrative law judge.