Iowa Administrative Code › Agency 645 - Professional Licensure Division › Chapter 11 - Contested Cases and Informal Settlement › Rule 645-11.22 - Ex Parte Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prohibited
			 communications. Unless required for the disposition of ex parte matters
			 specifically authorized by statute, following issuance of the statement of
			 charges and notice of hearing, there will be no communication, directly or
			 indirectly, between the presiding officer and any party or representative of
			 any party or any other person with a direct or indirect interest in such case
			 in connection with any issue of fact or law in the case except upon notice and
			 opportunity for all parties to participate. Nothing in this provision is
			 intended to preclude board members from communicating with other board members
			 or members of the board staff, other than those with a personal interest in, or
			 those engaged in personally investigating, prosecuting, or advocating in,
			 either the case under consideration or a pending factually related case
			 involving the same parties, as long as those persons do not directly or
			 indirectly communicate to the presiding officer any ex parte communications
			 they have received of a type that the presiding officer would be prohibited
			 from receiving or that furnish, augment, diminish, or modify the evidence in
			 the record.
(2) Prohibitions on ex
			 parte communications commence with the issuance of the statement of charges and
			 notice of hearing in a contested case and continue for as long as the case is
			 pending before the board.
(3)
			 Written, oral or other forms of communication are ex parte if made without
			 notice and opportunity for all parties to participate.
(4) To avoid prohibited ex parte
			 communications, notice must be given in a manner reasonably calculated to give
			 all parties a fair opportunity to participate. Notice of written communications
			 will be provided in compliance with rule
			 645-11.6 (17A) and may be
			 supplemented by telephone, facsimile, electronic mail or other means of
			 notification. Where permitted, oral communications may be initiated through
			 conference telephone call including all parties or their
			 representatives.
(5) Persons who
			 jointly act as presiding officer in a pending contested case may communicate
			 with each other without notice or opportunity for parties to
			 participate.
(6) The board
			 administrator or other persons may be present in deliberations or otherwise
			 advise the presiding officer without notice or opportunity for parties to
			 participate as long as they are not disqualified from participating in the
			 making of a final decision under any provision of law and they comply with this
			 rule.
(7) Communications with the
			 presiding officer involving uncontested scheduling or procedural matters do not
			 require notice or opportunity for parties to participate. Parties should notify
			 other parties prior to initiating such contact with the presiding officer when
			 feasible, and will notify other parties when seeking to continue hearings or
			 other deadlines.
(8) A presiding
			 officer who receives a prohibited ex parte communication during the pendency of
			 a contested case must initially determine if the effect of the communication is
			 so prejudicial that the presiding officer should be disqualified.
a. If the presiding officer determines that
			 disqualification is warranted, a copy of any prohibited written communication,
			 all written responses to the communication, a written summary stating the
			 substance of any prohibited oral or other communication not available in
			 written form for disclosure, all responses made, and the identity of each
			 person from whom the presiding officer received a prohibited ex parte
			 communication will be submitted for inclusion in the record under seal by
			 protective order.
b. If the
			 presiding officer determines that disqualification is not warranted, such
			 documents will be submitted for inclusion in the record and served on all
			 parties. Any party desiring to rebut the prohibited communication must be
			 allowed the opportunity to do so upon written request filed within ten days
			 after notice of the communication.